Punjab and Haryana High Court hikes payout for man whose Army dreams were crushed in a tractor crash

Compensation assessment

• The only issue required to be determined in the present appeal relates to the assessment of compensation.
• No compensation has been assessed on account of ‘pain and sufferings’ by the tribunal.
• Accordingly, the claimant is held entitled to a sum of Rs 40,000 on account of ‘pain and sufferings’.
• Claimant is proved to have suffered 30 per cent permanent disability and he has been awarded lump sum compensation of Rs 60,000 but the mode of assessment of compensation on account of permanent disability is not proper and in accordance with settled principles of law.
• The compensation under the head ‘loss of income’ has to be assessed keeping in view the percentage by which his earning capability has been diminished.
• The disability suffered by the claimant has affected his right leg. As such, the disability suffered by him will certainly diminish his earning capability as he will not be able to do his job or routine work and lead his life in the same manner as he was leading prior to the accident.
• The claimant was 20 years of age and a student and as such, he has to be considered as a skilled person.
• The accident had taken place in December 2002 and accordingly, the income of the claimant is taken as Rs 2,500 per month as some amount of guesswork has to be applied in assessing the monthly income.
• Since, claimant was 20 years of age on the date of accident, 40 per cent of the amount has to be added to his monthly income towards future prospects.

Loss of income

• Claimant has suffered permanent disability to the extent of 30 per cent and the monthly loss of income will thus come to Rs 1,050 (Rs 3,500 x 30 per cent) and ‘annual loss of income’ will come out to Rs 12,600 per annum.
• The multiplier of 18 has to be applied which takes the compensation to Rs 2,26,800 (Rs.12,600 x 18) on account of ‘loss of income’ due to permanent disability.
• It must have taken at least 3 months for the injuries to heal and during this period, claimant would not have been able to do any work and accordingly, he is held entitled to a sum of Rs 10,500 (Rs 3,500 x 3) on account of ‘loss of income during the period of treatment’.
• During this period of 3 months, he must have also engaged an attendant, spent some amount on transportation and on a special diet. Accordingly, the claimant is held entitled to a sum of Rs.15,000 under these heads.

Loss of amenities

• The claimant has suffered 30 per cent of disability due to multiple injuries on his right leg and other body parts. Accordingly, the claimant is held entitled to a sum of Rs 25,000 on account of ‘loss of amenities’.
• Claimant has alleged that he spent about Rs 1 lakh on his treatment but the tribunal has awarded him only a sum of Rs 10,000.
• However, it is matter of common knowledge that the family members do not preserve all the bills and in view of nature of injuries suffered by the claimant and the fact that he was treated in the private hospital, he must have spent at least Rs 25,000 on his treatment as some amount of guesswork has to be applied in assessing the medical expenses.
• As such, he is held entitled to a sum of Rs 25,000 for medical treatment including expenses for future surgery for removal of implant.
• The appeal is partly allowed with costs and the claimant is held entitled to enhanced compensation of Rs 2,72,500 over and above the compensation awarded by Tribunal, along with interest at the rate of 9 per cent per annum.

Case

• The appeal was filed by a young man who suffered disability after a motor vehicle accident involving a tractor.
• The MACT awarded a compensation of Rs 70,000 to the appellant which was challenged before the high court seeking enhancement.