Punjab-Haryana High Court
Anil Kumar vs Bhagwan Dass And Others on 23 January, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-2588-2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-2588-2012
Date of decision: 23.01.2014
Anil Kumar
...Appellant
Versus
Bhagwan Dass and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Dheeraj Narula, Advocate,
for the appellant.
Mr. Ajay Gulati, AAG, Haryana,
for respondent No.2.
None for respondent No.3.
-.-
JITENDRA CHAUHAN, J.
The present appeal has been filed by the injured- claimant, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Sirsa, ('the Tribunal', for brevity) vide award dated 29.09.2011, on account of the injuries sustained by him in a motor vehicular accident, which took place on 04.06.2009.
2. The learned counsel for the appellant contends that the appellant was riding pillion on the motorcycle being driven by co- Sethi Atul 2014.02.04 18:49 I attest to the accuracy and integrity of this document Chandigarh FAO-2588-2012 -2- claimant, Krishan Kumar, therefore, the reduction to the extent of 1/3rd of the total compensation holding it to be a case of contributory negligence on the part of the occupants of the ill-fated motor cycle, is unsustainable. It is further contended that the compensation awarded by the learned Tribunal under different heads is highly inadequate.
3. On the other hand, the learned State counsel contends that just and reasonable compensation has been awarded to the appellant.
4. I have heard the learned counsel for the parties and perused the record.
5. In the instant case, it has come on record that three persons, including the appellant herein, were travelling on a motorcycle, which is more than its seating capacity. On the face of it, there is a clear cut violation of the traffic rules by the injured. Therefore, the learned Tribunal has rightly held all the three injured persons negligent to the extent of 1/3rd.
6. As regards the question of quantum of compensation, the appellant was 20 years of age at the time of the accident. On account of the injuries suffered by him in the accident, he has incurred disability to the extent of 10%. He been rendered ineligible for induction into the disciplined forces and other similar streams. Even his matrimonial chances are affected to a Sethi Atul 2014.02.04 18:49 I attest to the accuracy and integrity of this document Chandigarh FAO-2588-2012 -3- considerable extent. The disability shall have adverse effect on the vertical progression of the appellant throughout his life span.
7. Keeping in view the age of the appellant, this Court feels that another amount of Rs.50,000/- towards 'loss of amenities and enjoyment of life', over and above the compensation already awarded by the learned Tribunal, would meet the ends of justice. It is ordered accordingly.
8. In view of the above, the claimant-appellant is held entitled to enhanced compensation of Rs.50,000/-, as indicated above, over and above the amount already awarded by the learned Tribunal, which shall be payable within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to interest as indicated in the award i.e. 9% per annum, from the date of filing the present appeal, till its realization.
9. With the aforesaid modification in the impugned award, the present appeal is partly allowed.
23.01.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE
Note : Whether to be referred to Reporter : Yes / No. Sethi Atul 2014.02.04 18:49 I attest to the accuracy and integrity of this document Chandigarh