The claimant remained hospitalised for 22 days, and was bedridden for months due to the accident and suffered loss of income, the Punjab and Haryana High Court noted. (Image generated using AI)Punjab and Haryana High Court news: The Punjab and Haryana High Court has nearly tripled the compensation for a Haryana Police constable injured in a 2006 road accident, from Rs 4.75 lakh to Rs 14.05 lakh, holding that a person in shock cannot be expected to be “vigilant” about collecting medical bills.Justice Harkesh Manuja observed that the claimant, Laxman Singh, a 31-year-old constable in the Haryana Police, suffered injuries in a motor accident in September 2006. Justice Harkesh Manuja was hearing appeals filed by the claimant and Oriental Insurance Company Limited.“Due to shock and mental agony on account of the accident, a person cannot be presumed to be vigilant enough to collect all the bills for claim/reimbursement purposes,” the high court said in its March 24 order.Also Read | ‘No one above Constitution’: Punjab and Haryana High Court junks ‘immunity’ 25 years after Army truck killed toddlerThe Punjab and Haryana High Court was hearing two appeals filed by the claimant and Oriental Insurance Company Limited, challenging the amount awarded by the motor accident claims tribunal’s 2012 order.‘Loss of leave compensable’Even if the claimant continued to receive a salary during treatment, the high court held that he was compelled to exhaust his earned leave, resulting in a tangible loss.It was observed that such leave could have been utilised for future needs and therefore constitutes a compensable loss, directing that compensation be calculated based on his monthly income of Rs 18,000.The claimant remained under treatment for a considerable period and was unable to attend to his duties, thereby suffering a loss of income during the period.The tribunal failed to award any compensation under this head on the ground that there was no material on record to show that the claimant had not been paid a salary during the period of treatment.‘Delay in lodging FIR’The mere delay in lodging the First Information Report (FIR) does not, in the facts and circumstances of the present case, create any dent in the case of the claimant.The claimant remained hospitalised for 22 days, and the loss of income suffered by him during the period is assessed as Rs 13,200.The claimant must have been bedridden for six months due to the accident and suffered loss of income for those months due to reduced working capacity.The patient has suffered 15 per cent disability, which arises out of a compound fracture of the left leg.It would be just and fair if the future loss of income and functional disability is assessed at 10 per cent, keeping in view the nature of work being performed by the accused.In addition to the loss of future earnings, the constable should also be entitled to compensation for loss of future prospects at 40 per cent.A total compensation of Rs 14.05 lakh is awarded to the claimant.The appeal filed at the instance of the insurance company is devoid of merit and stands dismissed, whereas the appeal preferred by the claimant is allowed.The previous award of October 2012, passed by the tribunal, is modified and the claimant shall be entitled to the enhanced amount of compensation.Also Read | Punjab and Haryana High Court hikes payout for man whose Army dreams were crushed in a tractor crash‘Rash negligent driving, accident’The accused was injured in a motor vehicle accident which took place on September 22, 2006, by an alleged rash and negligent driver.He filed a claim petition before the tribunal, praying for the grant of compensation on account of injuries suffered by him.Based on the pleadings of the parties, the tribunal framed the necessary issues and passed an award on October 30, 2012, granting compensation of Rs 4.75 lakh to the constable.Being aggrieved by the same, the claimant filed this appeal seeking enhancement of compensation on the ground that the amount awarded was wholly inadequate and not commensurate with the injuries suffered, treatment period, pain and suffering, medical expenses and other attendant losses.On the other hand, the Oriental Insurance Company Limited filed another appeal calling for a reduction of the award on the ground that the tribunal erred in awarding an excessive amount under various heads.‘No account for permanent disability’Appearing for the petitioner, advocate Ajay Chaudhary argued that the compensation awarded under the heads of pain and suffering, special diet and loss of amenities was on the lower side.He added that the same was not commensurate with the nature and extent of injuries suffered by the claimant.It was further submitted that the tribunal erred in not granting any amount on account of permanent disability, which adversely affected the claimant’s prospects and promotional avenues.No compensation was awarded towards attendant charges and transportation expenses incurred during the course of treatment.The rate of interest awarded by the tribunal was inadequate and deserved to be enhanced.Also Read | From Rs 18 lakh to Rs 1 crore: Why Punjab and Haryana High Court increased payout by 450% for 6-year-old’s life altering injury‘Govt employee, medical reimbursement’Representing the insurance company, advocate Sanjeev Pabb submitted that the claimant, being a government employee, was entitled to medical reimbursement and, thus, the compensation awarded by the tribunal was excessive and liable to be reduced.There was a delay of five days in lodging the FIR, which cast a serious doubt on the manner and occurrence of the alleged accident.Both the claimant and the eye-witness were police officers and were well conversant with the legal procedure.The counsel, therefore, insisted that the unexplained delay in registration of the FIR indicated collusion and fabrication of the claim.Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... 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