As per case facts, appellant Uma Sehgal suffered grievous pelvic and hip injuries causing permanent disability in a bus accident due to composite negligence. She underwent prolonged treatment, including alleged ...
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FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 1 / 21
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(231) Reserved on: 11.05.2026
Pronounced on:21.05.2026
Uploaded on: 21.05.2026
1. FAO No.
2108 of 200 3 (O&M)
Arun Kumar Mehra … Appellant
Versus
M/S Maharaja Travels And Others … Respondents
AND
2. FAO No. 1782 of 2003 (O&M)
Uma Sehgal … Appellant
Versus
M/S Maharaja Travels And Others … Respondents
CORAM: HON’BLE MR. JUSTICE VIRINDER AGGARWAL
Present: Mr. Sukhandeep Singh, Advocate
for the Appellant in FAO-2108-2003.
Mr. Puneet Sharma, Advocate,
Mr. Mridual Mahajan, Advocate for
for appellant in FAO-1782-2003.
Mr. D.P. Gupta, Advocate and
Mr. Shubham Gupta, Advocate
for respondent No.7/Insurance Company.
*****
VIRINDER AGGARWAL,J.
1. Both the appeals arise out of a two separate awards dated 10.01.2003
passed by the Motor Accident Claims Tribunal, Amritsar, in the two claim
petitions filed by the appellants under Section 166 of the Motor Vehicles Act,
1988. By the separate impugned awards, the learned Tribunal disposed of each
claim petition arising out of the same motor vehicular accident dated
25.08.1997, awarding compensation to the claimants for the injuries sustained
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 2 / 21
by them. Feeling aggrieved by the quantum of compensation awarded, which
the appellants contend is inadequate and not in consonance with settled
principles, the claimants have preferred these two appeals seeking enhancement
of the compensation. Since both the appeals stem from the same accident, they
are being disposed of by this common order.
BACKGROUND FACTS
2. The facts leading to the present appeals, in brief, are that on 25.08.1997,
the appellants Arun Kumar Mehra and Uma Sehgal were travelling as
passengers in Bus No. PB-01-5046 belonging to M/s Maharaja Travels. Three
buses of the same transport company i.e. Bus Nos. PB-01-5045, PB-01-5016
and PB-01-5046 were proceeding from Amritsar towards Saharanpur-Haridwar.
When Bus No. PB-01-5016 being driven by its driver stopped suddenly near
Village Saidpur on Chandigarh-Ambala Road at about 7:00 A.M., the other two
buses, being driven at high speed in a rash and negligent manner by their
respective drivers (without blowing horns), collided with it, resulting in a chain
collision. As a result of the said accident, both the appellants sustained serious
multiple injuries.
3. Consequent upon the accident, claim petitions came to be filed by the
injured appellants under Section 166 of the Motor Vehicles Act before the
learned Motor Accident Claims Tribunal, Amritsar, seeking compensation
under various heads such as medical expenditure, pain and suffering, loss of
income. The learned Tribunal clubbed the petitions, noticing that both claims
pertained to the same accident, and proceeded to record common evidence on
issues of negligence and liability, while separate evidence was considered
regarding the nature of injuries, treatment, and quantum of compensation in
each individual petition.
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 3 / 21
4. Upon appreciation of the oral as well as documentary evidence available
on record, the learned Motor Accident Claims Tribunal, Amritsar, vide common
award dated 10.01.2003, held that on 25.08.1997 at about 6:00/7:00 A.M., near
Village Saidpur on Chandigarh-Ambala Road, three buses belonging to M/s
Maharaja Travels bearing registration Nos. PB-01-S-5045, PB-01-S-5016 and
PB-01-S-5046, while proceeding from Amritsar towards Saharanpur, became
involved in a chain collision accident. The learned Tribunal further recorded
that appellants Arun Kumar Mehra and Uma Sehgal were travelling as
passengers in Bus No. PB-01-5046 at the relevant time. The learned Tribunal
returned a categorical finding that the accident had occurred due to the
composite negligence of the drivers of the buses in question and accordingly
decided Issue No.1 in favour of the claimants.
5. Further, So far as the injuries suffered by the appellants are concerned,
the learned Tribunal recorded that appellant Arun Kumar Mehra had sustained
severe spinal injuries involving cervical vertebrae and spinal cord damage
resulting in quadriplegia and 100% permanent disability. The claimant
remained admitted at PGI, Chandigarh and thereafter at Indian Spinal Injuries
Centre, New Delhi for prolonged treatment. The learned Tribunal, while taking
into consideration the grievous spinal injuries suffered by him, prolonged
medical treatment, permanent disability and the evidence produced on record,
awarded a total compensation of Rs.9,95,853/- along with interest at rate of 9%
per annum from the date of filing of the claim petition till realization.
6. Similarly, in the case of appellant Uma Sehgal, the learned Tribunal
found that she had sustained grievous injuries including fracture of pelvis and
fracture of the head of left femur/right hip resulting in permanent disability. She
initially remained admitted at Chandigarh Medical Centre and thereafter
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 4 / 21
underwent treatment at Amritsar and other hospitals. The claimant examined
AW1 Lekh Raj, Stenographer from the office of Chief Medical Officer,
Amritsar, who proved disability certificate Ex.A1 certifying 30% permanent
disability. The learned Tribunal noticed that the claimant had also alleged
undergoing treatment at Sharjah and had produced certain documents marked as
Mark X1 to Mark X17 regarding treatment and travel abroad. However, the
learned Tribunal observed that the treatment at Sharjah and several allied
expenses had not been duly proved in accordance with law as the concerned
doctors or hospital officials were not examined and the documents had merely
been tendered in evidence. While assessing the quantum of compensation, the
learned Tribunal, in the case of Uma Sehgal, assessed her contribution towards
household duties notionally at Rs.2,000/- per month and, taking into
consideration 30% permanent disability, applied a multiplier of 5. The learned
Tribunal awarded a total compensation of Rs.1,36,000/- along with interest at
rate of 9% per annum from the date of filing of the claim petition till
realization.
CONTENTIONS
7. Learned counsel for the appellant-Arun Kumar Mehra in FAO-2108-
2003 argued that the compensation awarded by the learned Tribunal is grossly
inadequate and not commensurate with the grievous spinal injuries and 100%
permanent disability suffered by the appellant. It was submitted that the learned
Tribunal failed to properly assess the income of the appellant and had taken the
same on the lower side despite income tax returns and documentary evidence
being available on record. Learned counsel further contended that the appellant
had become permanently immobile and dependent upon others for day-to-day
activities and yet inadequate compensation was awarded towards future loss of
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 5 / 21
earning capacity, future medical expenses, attendant charges, special diet,
transportation, pain and suffering and loss of amenities of life. It was thus
argued that the impugned award deserves substantial enhancement so as to
ensure grant of just and reasonable compensation.
8. Learned counsel for the appellant-claimant appellant-Uma Sehgal in
FAO-1782-2003 has contended that the compensation awarded by the learned
Tribunal is wholly inadequate and does not constitute just compensation in view
of the nature of injuries suffered by the claimant. It is argued that the claimant
had sustained grievous pelvic and hip injuries resulting in permanent disability
and had undergone prolonged treatment and multiple surgeries at Chandigarh,
Amritsar and subsequently at Sharjah. Learned counsel submits that the learned
Tribunal failed to properly assess the functional disability and its impact upon
the life of the claimant, who was a homemaker aged about 54 years. It is further
contended that the evidence on record including disability certificate Ex.A-1,
medical evidence, passports, visa documents, discharge summaries and other
documents sufficiently established the treatment undertaken abroad and the
expenditure incurred thereupon, however adequate compensation under the said
heads was not awarded. Prayer has thus been made for enhancement of
compensation under various pecuniary and non-pecuniary heads. It was thus
urged that the compensation awarded deserves suitable enhancement so as to
award fair, just and reasonable compensation.
9. Per Contra, the learned counsel for the respondent No7/Insurance
Company in Both the FAOs, while supporting the impugned award, submits
that the learned Tribunal has appreciated the evidence in its correct perspective
and has passed the award strictly in accordance with law. It is argued that
claims of both the injured persons have been duly considered and the amounts
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 6 / 21
awarded under various heads are just, proper and reasonable. It is further
contended that no infirmity, perversity or misreading of evidence can be
attributed to the conclusions arrived at by the learned Tribunal so as to warrant
interference by this Court in exercise of appellate jurisdiction.
OBSERVATIONS AND FINDINGS
10. I have heard learned counsel for the parties and perused the complete
records. On due consideration of the findings recorded by the learned Tribunal,
particularly on the issue of negligence and fastening of liability, I find no reason
to take a different view. The findings on those aspects are accordingly affirmed.
However, the core issue arising in both these appeals pertains to the
reassessment of the quantum of compensation.
11. In Raj Kumar versus Ajay Kumar, (2011) 1 SCC 343, the Hon’ble
Supreme Court observed that compensation in personal injury cases should be
assessed keeping in view the effect of injuries on the entire life of the victim.
Similarly, in Kajal versus Jagdish Chand, (2020) 4 SCC 413, the Hon’ble
Supreme Court emphasized that compensation in serious injury matters must be
realistic and not symbolic in nature. Likewise, in Govind Yadav versus New
India Assurance Company Limited, (2011) 10 SCC 683, it was held that
Courts are required to adopt a humane and liberal approach while assessing
compensation where permanent disability has been suffered by the injured.
Keeping in view the aforesaid settled principles, reassessment of compensation
in the present each case is being undertaken under the following heads:-
(i) Loss of income due to permanent disability;
(ii) Medical expenses;
(iii) Pecuniary and non-pecuniary damages under other heads.
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 7 / 21
(A).
FAO NO.2108 OF 2003 (INJURY CASE OF ARUN KUMAR MEHRA )
(i) Loss of income due to Permanent Disability
12. At the outset, the principal issue which arises for consideration is with
regard to the extent of functional disability suffered by the appellant and its
consequent impact upon his earning capacity and overall quality of life. In the
present case, appellant-claimant Arun Kumar Mehra sustained grievous injuries
in a motor vehicular accident dated 25.08.1997 while travelling as a passenger.
The evidence available on record unequivocally establishes that the injuries
suffered by the appellant were catastrophic in nature and resulted in permanent
quadriplegia. The Disability Certificate (Ex.AW.8/5), duly proved by Lekh Raj
(AW-1), as well as the testimony of Dr. Harvinder Singh Chhabra (AW-8),
Deputy Director, Indian Spinal Injuries Centre, New Delhi, clearly establish
that the appellant suffered spinal cord injury at C-5 and C-6 level resulting in
90% permanent disability.
13. Further, the record reveals that immediately after the accident, the
appellant remained admitted and under treatment at PGI, Chandigarh for about
40 days and thereafter underwent prolonged treatment at Indian Spinal Injuries
Centre, New Delhi for nearly nine months. He underwent multiple surgical
procedures, including insertion of a metallic plate in the neck region. The
appellant while appearing as AW-10 categorically deposed that, due to the
spinal injuries suffered in the accident, he lost control over bowel and bladder
movements, had no sensation of hot/cold or wet/dry, and had become
completely immobile. He further stated that even while lying on bed he requires
the assistance of attendants merely for changing sides. The evidence on record
also establishes that he requires a specially modified wheelchair equipped with
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 8 / 21
foot support, castor legs and pneumatic tyres for minimal mobility.
14. A holistic appreciation of the oral as well as documentary evidence
leaves no manner of doubt that the appellant has suffered 100% functional
disability. The learned Tribunal failed to adequately appreciate the true nature
and its devastating effect on the appellant’s earning capacity and normal
enjoyment of life. It is now well settled that where the injuries result in
permanent quadriplegia rendering the claimant incapable of carrying on any
avocation independently, the functional disability is liable to be treated as 100%
for the purpose of determining loss of future earning capacity. Reference in this
regard may be made to the judgment of the Hon’ble Supreme Court in Raj
Kumar v. Ajay Kumar (Supra), wherein it has been authoritatively held that
compensation towards loss of future earnings must correspond to the actual
diminution in earning capacity resulting from the disability suffered.
15. Furthermore, the appellant was admittedly a businessman as well as
an income tax assessee. The assessment orders pertaining to the assessment
years 1995-96 and 1996-97 were duly proved on record by Sushil Arora (AW-
3). A perusal of the said assessment orders reveals that the annual income of the
₹appellant for the assessment year 1995-96 was assessed at 1,50,934/-, whereas
₹for the assessment year 1996-97, the assessed income was 1,98,015/-.
However, the income reflected in the income tax returns represented the
earnings of the business in which the appellant was a partner and included his
share in the profits of the firm. Merely because the appellant suffered injuries in
the accident resulting in serious impairment of his health and mobility, it cannot
be presumed that he completely lost his share and profit from the business.
Nevertheless, the injuries certainly affected his active involvement in the
business and deprived him of effectively discharging his personal functions in a
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 9 / 21
managerial and authoritative capacity at the senior level. Therefore, while the
entire income shown in the income tax record cannot be treated as the loss of
earning attributable to the accident, the loss suffered by the appellant on
account of his inability to continue managing and supervising the business
affairs is required to be taken into consideration. In the facts and circumstances
of the case, the income of the appellant for the purpose of assessing
₹compensation can reasonably be assessed at 4,000/- per month, representing
the value of the services rendered by him in his managerial and authoritative
role in the business at the time of the accident. The age of the claimant, as borne
out from the material available on record, was approximately 49 years at the
time of the accident. Consequently, in the light of the principles laid down by
the Hon’ble Supreme Court in National Insurance Company Limited v.
Pranay Sethi, (2017) 16 SCC 680 and Sarla Verma v. Delhi Transport
Corporation, (2009) 6 SCC 121, the loss of future income on account of
permanent functional disability is re-assessed as under:
Particulars ₹Awarded by Tribunal ( ) ₹Re-assessed ( )
Monthly Income
(100% Functional Disability)
3,500/- 4,000/-
(As per ITR)
Monthly Income with Future
Prospects (25%)
x 5,000/-
(4,000 + 1,000)
Annual Income 42,000
(3,500 x 12)
60,000/-
(5,000 × 12)
Multiplier 10 13
Loss of Future Income Due
to Permanent Disability
4,20,000/-
(42,000 × 10)
7,80,000/-
(60,000 × 13)
(ii) Medical Expenses16. The evidence available on record establishes that immediately after
the accident on 25.08.1997, the appellant Arun Kumar Mehra suffered grievous
spinal injuries including damage to cervical vein and spinal cord in segments C-
5 and C-6, resulting in quadriplegia. He remained under treatment at P.G.I.,
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 10 / 21
Chandigarh for about 40 days and thereafter underwent prolonged treatment at
Indian Spinal Injuries Centre, New Delhi for a period of 8 months. He was
operated upon for his neck wherein a plate was inserted and his spinal cord was
also operated upon by the doctors at P.G.I. The disability certificate Ex.AW-
8/5) proved by Lekh Raj (AW-1), Steno to CMO, along with the testimony of
Dr. Harvinder Singh Chhabra (AW-8), Deputy Director, Indian Spinal Injuries
Centre, clearly establishes the seriousness of injuries and the permanent 100%
disability suffered by the appellant.
17. The overall medical record, oral testimony of the appellant (AW-10)
and the statements of AW-5, AW-6, AW-7 and AW-8 unmistakably establish
that substantial expenditure was incurred by the appellant upon hospitalization,
surgeries, medicines, physiotherapy, wheelchair, standing frame and prolonged
treatment. The appellant produced voluminous documentary evidence in the
shape of payment vouchers and bills Ex.A-10 to Ex.A-316 and Mark ‘X’ on
record. However, such documents were not formally proved in accordance with
the due procedure of law. No evidence was brought on record regarding the
treatment allegedly received at PGI, Chandigarh except for discharge summary
Ex.A-317. Nevertheless, the appellant examined several witnesses including
doctors, medical store owners, a physiotherapist and one Manoj Bhardwaj,
Accountant from Indian Spinal Injuries Centre, New Delhi, who proved various
bills Ex.AW-7/1 and Ex.AW-7/2 along with medical documents showing
₹ ₹expenditure of 3,53,253/- and 8,500/- incurred at Indian Spinal Injuries
Centre, New Delhi. Further, Dr. Shiv Charan Singh Dhillon (AW-5) deposed
that the appellant had remained under his treatment since August, 1998 and
would require continued treatment throughout his lifetime to prevent
contractures and deformities associated with C-5 quadriplegia. He further stated
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 11 / 21
that discontinuation of treatment would result in deterioration of the appellant’s
condition. The witness also proved bills Ex.AW-5/1 to Ex.AW-5/14 amounting
₹to 37,600/-, apart from expenses incurred towards wheelchair, standing frame,
medicines, attendants and other related necessities.
18. Keeping in view the seriousness of injuries suffered by the appellant,
the fact that he has suffered 100% permanent disability, undergone multiple
surgeries, prolonged hospitalization and remains dependent on others for the
rest of his life, coupled with the voluminous medical record and oral evidence
led on record, this Court is of the considered view that a liberal, pragmatic and
humane approach is required while assessing compensation under the head of
medical expenses. Consequently, this Court upheld the compensation awarded
by the learned Tribunal towards medical expenses incurred by the claimants,
₹namely a lump-sum amount of 3,99,353/- for past medical treatment,
hospitalization, medicines, surgeries, and other related expenses already
incurred by the appellant.
19. Further, the Hon’ble Supreme Court in Kavin v. P. Sreemani Devi,
2025 SCC Online SC 1786 has reiterated that in cases involving 100%
permanent disability and lifelong dependency, compensation towards future
medical treatment, attendant charges and allied expenses must be awarded
keeping in view the claimant’s entire life expectancy and continuing medical
needs. The Apex Court further observed that reduction of compensation
towards future medical expenses in such cases would be wholly unjustified
where the injured claimant requires lifelong treatment and assistance. In the
present case, the evidence available on record clearly establishes that the
appellant would require continuous medical treatment for the remainder of his
life. The appellant has specifically deposed that he incurs expenditure of
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 12 / 21
₹approximately 3,000/- per month on medicines and an equal amount towards
medical consultations. Further, Dr. Shiv Charan Singh Dhillon (AW-5), while
appearing in evidence, categorically stated that the appellant is suffering from
C-5 quadriplegia and requires lifelong treatment, physiotherapy and medical
management to prevent contractures and other deformities associated with the
said condition. The witness further deposed that if such treatment is
discontinued, the condition of the appellant is bound to deteriorate. The said
testimony has remained unrebutted and inspires confidence. Therefore,
considering the permanent nature of disability, recurring expenditure on
medicines and consultations, lifelong physiotherapy and continuing medical
requirements of the appellant, this Court deems it appropriate to award a further
₹lump-sum amount of 20,00,000/- towards future medical treatment,
consultations, physiotherapy, supportive care and other allied medical expenses,
in view of the law laid down by the Hon’ble Supreme Court in Kavin v. P.
Sreemani Devi (supra).
(iii) Other Pecuniary And Non-Pecuniary Heads
20. Apart from loss of future earning capacity and medical expenses, the
appellant is also entitled to just compensation under other pecuniary and non-
pecuniary heads. The principles governing such assessment have been
authoritatively laid down by the Hon’ble Supreme Court in Raj Kumar v. Ajay
Kumar (Supra), wherein it has been held that compensation in injury cases
must adequately account for medical expenses, pain and suffering, loss of
amenities, attendant charges, special diet, conveyance and future medical needs,
depending upon the facts of each case. Accordingly, the appellant is held
entitled to the following amounts:
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 13 / 21
Particulars Awarded by Tribunal
₹( )
₹Re-assessed ( )
Loss of Income during
Hospitalisation and treatment
1,76,500/-
2,00,000/-
Pain and suffering 3,00,000/ -
Transportation 1,00,000/-
Special Diet 50,000
Loss of amenities 2,00,000/-
Attendant 3,00,000/-
Total ₹11,50,000/-
21. Accordingly, the total compensation payable to the claimant-appellant
is reassessed and recalculated under the following heads:-
Particulars ₹Awarded by Tribunal ( ) ₹ Re-assessed Amount( )
Loss Of Future Income 4,20,000/- 7,80,000/-/-
Medical Expenses 3,99,353/- 23,99,353/-
Other Heads 1,76,500/- 11,50,000/-
Total 9,95,853/- 43,29,353/-
(B) FAO-1782-2003 ( INJURY CASE OF UMA SEHGAL )
(i) Loss Of Income Due To Permanent Disability
22. The claimant-appellant was approximately 54 years of age at the time
of accident. In the claim petition, it was pleaded that she was a homemaker and
was also assisting her husband in business activities. The learned Tribunal
while discussing the issue of income observed that no documentary evidence
had been produced to establish any independent business income and
consequently assessed her monthly income at Rs.2,000/- per month. This Court
does not find any infirmity in the aforesaid assessment. Though no
documentary evidence regarding independent business or avocation was
produced by the claimant, yet it cannot be ignored that she was admittedly a
housewife managing household affairs and also assisting her husband in family
responsibilities and business activities.
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 14 / 21
23. The role performed by a homemaker in an Indian family structure
cannot be treated as insignificant merely because such contribution is not
reflected in salary slips or financial records. A housewife performs multifarious
duties including cooking, cleaning, washing, management of household affairs,
care of children and family members and overall maintenance of the domestic
structure. Such contribution has immense economic as well as social value. The
Hon’ble Supreme Court in Arun Kumar Agrawal v. National Insurance
Company Limited, 2010 (9) SCC 218 recognized the economic value of
services rendered by a housewife and observed that gratuitous services rendered
by a wife with love and affection cannot be undervalued merely because they
are not compensated by formal wages. In the present case, the accident pertains
to the year 1997. Keeping in view the prevailing wage structure during the
relevant period and considering that the claimant was performing duties
equivalent to those of an unskilled worker besides managing household affairs,
the monthly income assessed by the learned Tribunal at Rs.2,000/- appears
reasonable and the same is accordingly maintained.
24. The next aspect requiring consideration is the actual impact of injuries
and disability suffered by the claimant upon her future functional capacity. It is
well settled that physical disability mentioned in a medical certificate cannot be
mechanically equated with functional disability. Functional disability depends
upon the actual effect of injuries on the vocation, avocation and routine
activities of the injured. In Raj Kumar v. Ajay Kumar (Supra), the Hon’ble
Supreme Court held that the percentage of permanent physical disability and
percentage of economic or functional disability may vary depending upon facts
of each case.
25. In the present case, the disability certificate Ex.A-1 and testimony of
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 15 / 21
AW-8 Dr. Joginder Pal Singh Chhina establish that the claimant suffered
permanent disability to the extent of 30%. The medical evidence reveals that the
claimant suffered orthopedic injuries involving pelvic and hip region and
underwent treatment for the same. The claimant no doubt would have faced
difficulty in bending, prolonged walking, climbing stairs and performing
strenuous household activities with the same comfort and efficiency as prior to
the accident. However, the evidence on record does not establish that the said
disability rendered the claimant substantially incapacitated from performing all
routine household activities throughout her remaining life. No medical evidence
was led to establish complete loss of mobility or inability to perform ordinary
domestic work. Thus, the evidence does not justify enhancement of functional
disability beyond the disability already assessed by the learned Tribunal.
Rather, keeping in view the age of the claimant, nature of avocation being
primarily household duties, absence of evidence regarding total incapacity and
the fact that the permanent physical disability itself was assessed only at 30%,
this Court is of the considered view that functional disability to the extent of
20% would meet the ends of justice. Accordingly, monthly loss of earning
capacity is assessed at Rs.400/- per month i.e. 20% of Rs.2,000/-. Accordingly,
the compensation under the head “loss of future income due to permanent
disability” is recalculated as under:-
Particulars Awarded by Tribunal
₹( )
₹ Re-assessed ( )
Monthly income 2,000/- 2,000/-
Loss of Monthly earning
Capacity
600/-
(applying Functional
disability 30%)
400/-
(applying Functional
disability 20%)
Monthly Income with Future
Prospects (10%)
x 440/
Annual Loss of Income 7,200 5,280/-
(440 x 12)
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 16 / 21
Multiplier applicable 5 11
Loss of Future Income Due to
Permanent Disability
36,000/-
(7,200 × 5)
58,080/-
(5,280 × 11)
(ii) Medical Expenses Including Foreign Treatment
26. The claimant-Uma Sehgal, in the claim petition, pleaded that after the
accident she remained admitted at Chandigarh Medical Centre, Chandigarh
from 25.08.1997 to 04.09.1997 and continued treatment thereafter from doctors
at Chandigarh and Amritsar. However, significantly, no specific amount of
expenditure incurred upon such treatment was disclosed in the pleadings and
even the relevant column in the claim petition regarding medical expenditure
was left blank. During the course of evidence, while appearing as AW-7, the
claimant materially improved her case and deposed that she was initially taken
to Civil Hospital, Ambala and thereafter to PGI, Chandigarh and then shifted to
Deep Hospital, Chandigarh on the oral recommendation of Dr. Neeti Rajan,
where she allegedly remained admitted for about 10-12 days. She further
deposed that she subsequently underwent treatment at Nayyar Hospital,
Amritsar and claimed to have spent approximately Rs.51,546/- at Chandigarh
and Rs.79,389/- at Amritsar. However, except for her bald oral assertions, no
cogent or legally admissible evidence was produced to substantiate the alleged
expenditure. No original bills, vouchers, payment receipts, discharge summaries
or proved treatment record in accordance with law were brought on record.
Rather, the Tribunal specifically noticed that the details of doctors and
expenditure had been withheld by the claimant herself.
27. The learned Tribunal, while declining compensation under the head of
medical expenses, merely observed that the claimants had withheld the exact
amount spent on treatment in the pleading and, on that basis, did not award any
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 17 / 21
amount towards medical expenditure. This Court finds no infirmity in the said
conclusion and upholds the same. Apart from the aforesaid deficiency, the
evidence led by the respondents further probabilizes that the claimant and her
husband had already availed reimbursement under Mediclaim policies
pertaining to the very same accident treatment. RW-1 Chander Mohan,
Assistant Administrative Officer, United India Insurance Company Limited,
while producing the Mediclaim record, categorically deposed that a joint
Mediclaim policy existed in the names of Surinder Sehgal and Uma Sehgal and
that an amount of Rs.47,038/- was paid against the claim of Uma Sehgal and
thereafter another amount of Rs.73,226/- was also reimbursed under the
renewed policy in relation to the accident dated 25.08.1997. The witness further
proved the relevant Mediclaim record produced as Ex.A/2. In the face of such
evidence, and in the absence of reliable proof showing what exact expenditure,
if any, remained unreimbursed, the claimant cannot seek duplication of
compensation under the head of medical expenses. The principle that
reimbursement already received under a Mediclaim policy is a relevant
circumstance while assessing actual medical loss stands recognized by this
court in ICICI Lombard General Insurance Co. Ltd. v. Harminder Singh
Rosha, 2018 (5) RCR (Civil) 384 and Vishal v. Bugga Singh, 2016 (3) PLR
51. Accordingly, no separate amount towards medical expenses is liable to be
awarded. It also cannot be ruled out that the original medical bills and treatment
documents may have been submitted by the claimants with the Mediclaim
insurer while seeking reimbursement of the medical expenses incurred.
28. The claimant further asserted that upon the advice of Dr. J.P. Singh
Chhina, she travelled with her husband, one female attendant to Sharjah for
further treatment and allegedly incurred expenditure running into Rs.10-12
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 18 / 21
lakhs. In support thereof, she merely produced photocopies/documents marked
as Mark-X1 to Mark-X17. However, those documents were never proved in
accordance with the provisions of the law. Neither any original medical record
nor any witness from the concerned hospital at Sharjah was examined. Even the
alleged foreign medical papers were not authenticated or attested through the
competent diplomatic or consular channel. Mere marking of documents does
not dispense with proof thereof. The Hon’ble Supreme Court in United India
Insurance Co. Ltd. v. Satinder Kaur, 2021 (11) SCC 780, has reiterated that
documents merely marked without formal proof cannot be treated as
substantive evidence. The apex court has observed as under:
“Para 9. The High Court has also erroneously awarded
compensation on the basis of the letter dated 27.06.1997
purported to have been written by the High Speed Group to the
Counselor, New Zealand Consulate for issuance of a visa to the
deceased Satpal Singh who was engaged by their organization
since 1984, and was drawing a salary of $ 6,700 p.m.
The Insurance Company has seriously disputed the authenticity
of this letter.
We have perused the said letter, and are inclined to accept the
submission made on behalf of the Insurance Company, that the
said document was not attested by the Indian Embassy at Doha,
as per the Diplomatic & Consular Offices Oaths and Fees Act,
1948.
The said document was not proved by the Claimants, and cannot
form the basis of computing the income of the deceased.
*****
Consequently, we have serious doubts about the authenticity and
veracity of the letter dated 27.06.1997, and decline to make it the
basis for computing the income of the deceased at the time of his
death.
The High Court by relying on the letter dated 27.06.1997,
awarded an amount of L 1,93,56,000 to the Claimants, which
after reducing by 50% on account of contributory negligence,
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 19 / 21
worked out to L 96,78,000. It is pertinent to note that the
Claimants had prayed for an amount of L 50 lacs as
compensation in their claim petition before the MACT. The High
Court has committed an error in awarding such an exorbitant
amount on the basis of an unverified document, the authenticity
of which was seriously disputed.
In the absence of any other evidence being produced by the
Claimants, the income of the deceased would be required to be
computed by taking his base salary at 750 Qatari Riyal p.m. in
1984 as a skilled labourer, as reflected in his Employment
Contract Form.
....(Emphasis applied)”
29. Significantly, the nature of the documents produced itself creates
serious doubt regarding their authenticity and reliability. The claimant failed to
establish the source, execution, authorship, or custody of the said documents.
No foundational evidence was led to explain why the originals were withheld.
In the absence of certification, verification, or supporting testimony from the
issuing medical authorities, the possibility of interpolation, exaggeration, or
fabrication cannot be ruled out. The claimant admittedly withheld and chose not
to produce them before the Tribunal. Such withholding of best evidence
inevitably gives rise to an adverse inference under Section 114 of the Evidence
Act. Even though proceedings before the Motor Accident Claims Tribunal are
summary in nature, the foundational principles regarding proof of documents
and authenticity of evidence cannot be dispensed with altogether. Further, the
claimant also failed to examine either the treating doctor from Sharjah or any
independent witness who could corroborate the alleged treatment and
expenditure incurred abroad. Nor has she got proved any authentication of such
record from concerned diplomatic or consular channel. The bald assertion
regarding expenditure of Rs.10-12 lakhs, unsupported by legally admissible
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 20 / 21
evidence, cannot be accepted merely on oral averments. Consequently, the
claim regarding foreign treatment expenditure was rightly discarded by the
learned Tribunal and does not merit acceptance by this Court either.
(iii) Other Pecuniary And Non-Pecuniary Heads
30. Apart from loss of future earning capacity, the appellant is also entitled
to just compensation under other pecuniary and non-pecuniary heads. The
principles governing such assessment have been authoritatively laid down by
the Hon’ble Supreme Court in Raj Kumar v. Ajay Kumar (Supra), wherein it
has been held that compensation in injury cases must adequately account for
medical expenses, pain and suffering, loss of amenities, attendant charges,
special diet, conveyance and future medical needs, depending upon the facts of
each case. Accordingly, the appellant is held entitled to the following amounts:
Particulars ₹Re-assessed ( )
Loss of Income during
Hospitalisation and treatment
20,000/-
Pain and suffering 50,000/ -
Transportation charges 50,000/-
Special Diet 30,000
Loss of amenities and enjoyment of life 50,000/-
Attendant charges 50,000/-
Total ₹2,50,000/-
31. Accordingly, the total compensation payable to the claimant-appellant
is reassessed and recalculated under the following heads:
Particulars ₹Awarded by Tribunal ( ) Re-assessed
₹Amount ( )
Loss of Future Income Due to
Permanent Disability
36,000/- 58,080/-
Other Heads 1,00,000/- ₹2,50,000/-
Total 1,36,000/- 3,08,080/-
FAO No. 2108 of 2003 (O&M) and
FAO No. 1782 of 2003 (O&M) 21 / 21
32. Accordingly, the cumulative result of both the connected FAOs is
summarised as under:
FAO No. ₹Awarded by Tribunal ( ) ₹ Re-assessed ( )
2108 of 2003
(Arun Kumar Mehra)
9,95,853/- 43,29,353/-
1782 of 2003
(Uma Sehgal)
1,36,000/- 3,08,080/-
33. In the light of the above discussion and the computation undertaken
hereinabove, both the present appeals are partly allowed to the extent of
enhancement of compensation as reassessed in each individual case. The
enhanced amount shall carry interest at rate of 7% per annum from the date of
filing of the respective claim petitions till the realisation of the entire amount.
Except for the modification of the quantum of compensation, all other findings
recorded by the learned Tribunal, including those with regard to negligence,
liability and mode of disbursement, shall stand affirmed.
34. Since the main case has been decided, pending miscellaneous
application(s), if any, stands also disposed of.
35. A photocopy of this order be placed on the file of the connected case.
(VIRINDER AGGARWAL)
21.05.2026 JUDGE
Saurav Pathania
(i) Whether speaking/reasoned : Yes/No
(ii) Whether reportable : Yes/No
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