Harnam Singh vs Surinder Singh and Another

Amarjeet Chaudhary, J.—This is a claimant''s appeal against the award dated 11.10.1984 of the Motor Accidents Claims Tribunal, Rupnagar, for enhancement of the compensation.

On the pleadings of the parties, the Tribunal had framed the following issues:

(1) Whether the accident in which the claimant sustained multiple injuries was caused by rash and negligent driving of bus No. PUR 4422 by its driver Surinder Pal Singh, respondent No. 1, as alleged in the claim petition? OPA

(2) Whether the claimant is entitled to compensation, if so, to what amount? OPP

On issue No. 1, the Tribunal had returned a finding that the accident in which the claimant got multiple injuries was caused by rash and negligent driving of bus No. PUR 4422 by its driver Surinder Pal Singh. Under issue No. 2, it was held by the Tribunal that right leg of the claimant was amputated and percentage of disability suffered by him was to the extent of 45 per cent. The claimant had claimed a sum of Rs. 1,00,000/- as compensation. The Tribunal had awarded Rs. 20,000/- on account of pain and suffering, whereas a sum Rs. 24,000/- was awarded as special damages taking into account Rs. 400 per month as salary of a servant for a period of five years as the Motor Accidents Claims Tribunal was of the view that the claimant would have lived at least five years more from the date of alleged accident. It has been held in the award that the claimant had suffered permanent disability, disfigurement, loss of amenities of life and loss of expectation of life. It also came to the conclusion that he cannot walk without the help of crutches.

I have gone through the paper book and it is revealed therefrom that the accident in which the claimant got multiple injuries had taken place on 8.4.1983. While disposing of the claim petition of the claimant, the Tribunal opined that he would have lived at least for five years more from the date of the accident. The learned Counsel for the claimant has contended that though the accident had taken place on 8.4.1983 and the Tribunal opined that he would have lived for 5 years after the accident, but the claimant is still surviving and he is hale and hearty. As such, the counsel has urged that the court should have applied a multiplier of 10 years. In my view since 8 years have passed, the claimant is still alive and is hale and hearty, it appears that he has more years to live.

In view of all this, the ends of justice would be well met if he is awarded salary for 10 years at the rate of Rs. 400/- per month. As such the claimant shall be entitled to Rs. 48,000/- out of which Rs. 24,000/- as already awarded as special damages by the Motor Accidents Claims Tribunal would be deducted.

The other aspect of the matter is that due to alleged accident the right leg of the claimant has been amputated and he suffered permanent disability to the tune of 45 per cent. He is not in a position to move independently. As a result of multiple injuries suffered by him, the income of the claimant has also decreased. In this view of the matter, the claimant will be entitled to Rs. 10,000/-more in addition to Rs. 20,000/- as already awarded by the Tribunal. The claimant will also be entitled to 12 per cent interest per annum on the enhanced compensation from the date of petition till realisation. The payment of the enhanced compensation along with the interest be made within three months from the receipt of this order. The parties are left to bear their own costs.