Punjab and Haryana High Court Enhances Compensation for Amputee in Motor Accident Case
Court Reassesses Permanent Disability and Future Prospects, Awarding Over Rs. 24 Lakh to Young Claimant
In a landmark judgment, the Punjab and Haryana High Court has significantly increased the compensation awarded to Anup Singh, a 24-year-old claimant who suffered permanent disability due to a motor accident. The Court's decision comes after assessing the holistic impact of the disability on Singh's earning capacity and lifestyle, particularly considering his aspirations to join the armed forces.
The appellant, Magma HDI General Insurance Company, had challenged the Motor Accident Claims Tribunal's initial award of Rs. 14.7 lakh, arguing that the assessment of Singh's permanent disability at 100% was excessive, suggesting instead a 60% disability in relation to his left lower limb. However, the High Court, led by Justice Mandeep Pannu, emphasized a realistic and fair approach, taking into account the extinguishment of Singh's income-generating capacity and his loss of prospects.
The judgment considered key Supreme Court precedents, including Pappu Deo Yadav v. Naresh Kumar and Arvind Kumar Mishra v. New India Assurance Co. Ltd., which advocate for compensation assessments that reflect the realities of life and the full extent of personal injury impacts. The Court acknowledged that while medical assessments might indicate lower disability percentages, the actual effect on the claimant's life and career aspirations must be considered.
Justice Pannu noted that Singh's leg amputation disqualified him from pursuing his dream of joining the CRPF, having already cleared the written examination for the post of Constable. Additionally, the Court recognized the claimant's involvement in agricultural work, which would be severely impaired by his disability.
Revising the compensation, the High Court enhanced Singh's assessed monthly income from Rs. 6,000 to Rs. 6,500, with a 40% addition for future prospects. The award for pain and suffering was increased from Rs. 30,000 to Rs. 50,000, and the compensation for loss of marriage prospects and amenities of life was raised to Rs. 3 lakh. As a result, the total compensation amount was reassessed to Rs. 24,51,900, marking an increase of Rs. 9,81,900 from the Tribunal's original award.
The Court directed that the enhanced compensation be paid with interest at 7.5% per annum from the date of the original claim petition until realization. The appeal by the Insurance Company was dismissed, while Singh's cross-objection for increased compensation was allowed, setting a significant precedent in the assessment of motor accident claims and disability impacts.
Bottom Line:
Motor Accident Claim - Assessment of permanent disability must be holistic and consider the actual impact on earning capacity and lifestyle rather than a mechanical assessment of medical disability percentage.
Statutory provision(s): Motor Vehicles Act, 1988 - Section 166
