In an appeal filed before the Supreme Court to assail an award dated 04-07-2022 by the Punjab and Haryana High Court regarding a motor vehicle accident involving the appellant (claimant), a Bench comprised of Justice Sanjay Karol and Justice Augustine George Masih partly allowed the appeal and enhanced the compensation payable to the claimant to Rs. 45,65,666/-.
The appellant was a practicing advocate who met with an accident on 10-05-2012 due to which he sustained grievous injuries resulting in a permanent disability to the extent of 50%. The findings established the cause of the accident to be the rash and negligent driving of the offending vehicle’s driver.
Initially, the Motor Accident Claims Tribunal, Panchkula (MACT) awarded compensation of Rs. 5,33,058/-, payable by the insurer, as the vehicle was covered by a valid insurance policy. Upon appeal, the High Court enhanced the compensation to Rs. 25,64,896/- based on the disability certificate of the appellant. The High Court had determined the income to be Rs. 18,590/- per month based on the Income Tax Returns, however, the claimant contended that his income was Rs. 30,012/- per month as per the ITR of 2012-13.
The Court held that the High Court erred in determining the claimant’s income at Rs. 18,590/-, as the income ought to have been quantified in accordance with the ITR for 2012-13 rather than 2011-12. It was observed that despite the severity of his disability, the claimant had struggled bravely in adapting himself to ensure that he was not prevented from pursuing his profession.
Thus, the Court allowed the appeal in part and held that the claimant was entitled to Rs. 45,65,666/- as compensation, with interest, to be paid in accordance with the award passed by the MACT. The amount was directed to be remitted into the claimant’s bank account within four weeks.
Appearances:
For Petitioner – Mr. Paramjit Singh Patwalia (Sr. Adv.), Mr. Siddharth Batra (AOR), Mr. Chinmay Dubey, Ms. Shivani Chawla, Ms. Archna Yadav, Ms. Preetika Shukla, Mr. Ashutosh Chugh
For Respondents – Mr. Ravin Rao, Mr. Akshit Sawal, Mr. Ayan Sharma, Ms. Jannat Garg, Mr. Pallav Gupta, Mr. Shalen Bhardwaj, Mr. Amod Kumar Mishra, Mr. Akash Maurya, Mr. Amit Kumar, Mr. Shafiq Khan, Ms. Anjani Suri, Ms. Lakshmi, Ms. Neelima Bagoria, Ms. Reema Roy, Mrs. Raj Rani, Mrs. Smerity Rani, Mrs. Sabika Ahmad, Mr. Deependra Kumar Pathak, Mr. Chandan Kumar Mandal, Mr. Nischal Kumar Neeraj (AOR), Mr. Atul Nanda (Sr. Adv.), Mrs. Rameeza Hakeem, Mr. Rajeev Maheshwaranand Roy (AOR), Ms. Vartika Agarwal, Ms. Sakshi Bagdi, Ms. Jea Saran, Mr. P Srinivasan
