FAO No.3690 of 2002(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.3690 of 2002(O&M) Decided on : September 09, 2009 Inder Singh ... Appellant VERSUS Oriental Insurance Company and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Surinder Garg, Advocate for the appellant. Mr.Rishi Kaushal, Advocate for the respondent – Insurance Company. A.N.JINDAL, J.- This appeal for enhancement of compensation is directed against the award dated 12.4.2002 passed by Motor Accident Claims Tribunal, Faridkot, awarding compensation to the tune of Rs.2,31,708/- for the 90% disability suffered by the appellant – claimant (herein referred as `the claimant) on account of the injuries suffered by him in a motor vehicle accident. The liability has not been denied by the Insurance Company – respondent, but the Court observed that since Veerpal Singh – respondent No.2, driver of the offending vehicle (herein referred as respondent No.1) was not holding a valid driving licence, therefore, respondent No.3 Gurnam FAO No.3690 of 2002(O&M) [ 2 ] Singh would be liable to pay compensation, however, if the Company – respondent No.1 (herein referred as respondent No.1) pays the amount, then it would be at liberty to recover the same from him. Counsel for the claimant has stated that the amount of compensation is very meagre as the claimant has been crippled for whole of his life. He is unable to do with his daily pursuits. His leg has been shortened, finger is amputated and there is total loss of the left eye. He has four dependents upon him i.e, wife and three minor children. Heard. In order to properly assess the compensation, I need to reproduce the observations of the Tribunal regarding medical evidence, which read as under:- “PW1 is Dr.Ashish, who has deposed that he has brought the summoned record regarding treatment of Inder Singh and he was admitted in the CMC Ludhiana on 22.6.1999 and remained admitted in their hospital till 24.7.1999 and there was a complete loss of left eye-ball resulting in total loss of the left eye-sight and he has proved the discharge slip Ex.P1. He has further deposed that Inder Singh injured was operated in the hospital for three times and admission card issued by their hospital is Ex.P2. PW2 is Balan-N, Jr.Accountant of CMC Ludhiana and he brought the summoned record and proved the bills Ex.P3 to Ex.P10 vide which medicines were purchased by the claimant. PW3 Sita Ram Aggarwal has proved the memos Ex.P105 to Ex.P120. PW4 Sunil Kumar has proved the cash FAO No.3690 of 2002(O&M) [ 3 ] memos Ex.P121 to Ex.P133 of Gurmail Medical Hall Ludhiana, PW5 Lal Chand has proved the cash memos Ex..P134 and Ex.P135. PW6 Gopal Dass, has proved the cash memos Ex.P136 to Ex.P138. PW7 Kuldip Singh has proved the cash memos Ex.P139 to Ex.P148. PW8 Nidhan Singh Gulati has proved the cash memos Ex.P149 to Ex.P152. PW9 Baljit Singh produced the record regarding issuance of certificate of handicapped issued to Inder Singh vide No.21 dated 23.1.2001. PW10 Dr.A.P.S.Kochhar has deposed that he has seen the original certificate of handicapped of Inder Singh and he had physically examined him and after proper verification of injuries issued handicapped certificate and photostat copy of the same is Ex.P153, and photostat copy of the application filed for issuance of handicapped certificate is Ex.P154. He has further deposed that there is shortening of three inch of left leg, and there is also mal-united fracture of left fore-arm bones with limitation of movements of elbow with stiffness of left wrist with amputation of distal phalanx of left index finger and there is complete loss of left eye and the disability suffered by the claimant is 90% and it is permanent and cannot be cured. PW11 Ashok Kumar has proved the cash memos Ex.P155 to Ex.P163. PW12 Lakhwinder Singh has proved the cash memos Ex.P164 to Ex.P197 regarding sale of medicines.” FAO No.3690 of 2002(O&M) [ 4 ] From the aforesaid factual observations, it appears that after the accident, he has been totally crippled and his body has turned into a wreck, rendering him helpless not for himself even and helpless to do anything for his dependents. Though, the Tribunal has awarded sufficient amount for the disability (Rs.50,000/-), pain and sufferings (Rs.20,000/-) and the medical expenses (Rs.1,06,708/-), but on account of loss of earnings only Rs.50,000/- have been awarded, which is too meagre as he has suffered 90% disability and has been rendered unfit to earn livilihood for himself as well as the four dependents (wife and three minor children). While calculating, on the basis of the income assessed at Rs.2500/- per month i.e. Rs.30,000/- per annum as determined by the Tribunal and keeping in mind his physical incapacity (90% disability), and taking disability as 75% of the whole body, the annual loss of income is assessed at Rs.20,000/-. Though, it is difficult to restore him his healthy and able body, yet I need compensate him adequately for his survival for the rest of his life and taking into consideration all the circumstances, the multiplier of 15 needs to be applied to assess the total loss of income, for survival of the claimant and his dependents. Accordingly, the claimant deserves to be compensated as under :- Loss of income :20000x15 = Rs.3,00,000/- Pain and sufferings : = Rs.20,000/- For loss of social status : = Rs.50,000/- Medical Expenses = Rs.1,06,708/- Transportation charges = Rs.10,000/- Special Diet = Rs.5,000/- FAO No.3690 of 2002(O&M) [ 5 ] Total Compensation = Rs.4,91,708/- Since compensation on account of the loss of income has been awarded, therefore, separate amount on account of the loss of earnings on account of disability need not be awarded. As such, the appeal is partly allowed and the claimant is held entitled to Rs.4,91,708/- along with interest as awarded by the Tribunal. Other terms of the award shall remain intact. No order as to costs. September 09, 2009 ( A.N.JINDAL ) `gian' JUDGE