The Apex Court on 01.07.2019. in Parminder Singh v New India Assurance Co. Ltd. & Ors. , had allowed the appeal that had been filed by the Appellant contesting the Punjab and Haryana high Court’s order and judgment.

FACTS:

The Appellant being the driver had been driving a car wherein a Cabinet Minister of Punjab was traveling to Ludhiana, when a truck had rammed into the Car by means of rash and negligence as a part of contributory negligence from the part of another driver from the other truck that was place on the roadside in a wrong manner causing injury and accident to Minister as well as the driver resulting in permanent disability.

As a result, the Appellant succumbed to fatal injuries, that included injuries on head, followed by innumerable surgeries, face disfiguration, fractures, etc. On being examined by a Medical Board, the Appellant was detected with hemiplegia .It was further opined by the doctor that the appellant had lost his capability of working as a laborer or perform any work related to agriculture or as a driver and that his disability was permanent in nature by 75%.

Subsequently, a claim petition had been filed by the Appellant before the MACT, against the owners and drivers of the trucks, along with the insurer of the two offending trucks causing accident (the Respondent – Insurance Company.)

It had been pleaded by the respondent that person driving those two truck owners did not posses valid licenses and that the licenses were issued in other names. An award of compensation of amount of Rs. 10,43,666/¬ awarded by MACT while further upheld that the drivers were severally as well jointly held liable for compensating the Appellant while the Respondent was absolved of the liability.

As such, a FAO was filed by the appellant for enhancing the amount of compensation before the High Court wherein the Appellant was reassessed by a Medical Board at the Government Hospital which held that the Appellant had suffered disability by 100% while the capacity to earn had been lost and that he had to fully dependent upon his family from so on. The FAO was permitted in parts while enhancing the amount of compensation as well Future Prospects @ 50% was also granted to the Appellant, along with compensation to be paid by the Respondent as well.

DECISION HELD BY THE APEX COURT:

When the matter was brought before the Supreme Court of India , the Apex Court while allowing the appeal rightly upheld the assessment made by the High Court with regard to the terms of disability and loss of capacity to earn by the Appellant thereby enhancing the award amount to Rs. 32,40,000/- as well as a lump sum amount of Rs. 7,50,000/- with regarding to the hospitalization and medical expenditure incurred by the Appellant.

Full Judgment here:

[embeddoc url=”https://www.sci.gov.in/supremecourt/2018/26882/26882_2018_6_1502_14640_Judgement_01-Jul-2019.pdf” download=”all”]