Punjab-Haryana High Court
Darshan Singh vs Shamsher Singh @ Sheri & Ors on 1 December, 2014
Author: Jaspal Singh
Bench: Jaspal Singh
FAO No. 6410 of 2012 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 6410 of 2012 (O&M)
Date of decision: December 01, 2014
Darshan Singh
.................Appellant
versus
Shamsher Singh @ Sheri and others
.............Respondents
CORAM: HON'BLE MR. JUSTICE JASPAL SINGH Present:- Mr. T.S. Sidhu, Advocate and Mr. Vikas Singh, Advocate for the appellant.
Mr. Kuldip Joshi, Advocate for Mr. Harsh Aggarwal, Advocate for respondents No.2 and 3.
JASPAL SINGH, J This appeal has been preferred by Darshan Singh, feeling dissatisfied qua award dated January 10, 2012 passed by Motor Accident Claims Tribunal, Mansa in a MACT Case No. 16 dated April 09, 2011, whereby, he was awarded a sum of `2,67,330/- as compensation on account of having been sustained injuries in a vehicular accident involving PRTC bus bearing registration No. PB- 11F- 9691.
2. In response to notice issued by this Court Mr. Harsh SHAM SUNDER 2014.12.03 10:41 I attest to the accuracy and authenticity of this document high court chandigarh FAO No. 6410 of 2012 (O&M) - 2- Aggarwal, Advocate appeared and represented respondents No.2 and 3.
3. While assailing impugned award, it has been ebulliently argued by learned counsel for appellant that learned Tribunal has gravely erred while not awarding compensation on account of permanent disability having been sustained by appellant. As per certificate issued by concerned Medical Officer, appellant suffered 30% permanent disability to his left eye. Similarly, learned Tribunal has also failed to appreciate and award compensation on account of future prospectus as appellant has been rendered ineligible for any government job. Even otherwise, amount awarded by learned Tribunal is on lower side. Most of medical bills could not be retained by appellant and in fact, he incurred huge amount of `5,00,000/- approximately for his treatment. Thus, amount of compensation so awarded by learned Tribunal deserves to be enhanced.
4. On the contrary, learned counsel for respondents No.2 and 3 has submitted that learned Tribunal has rather awarded the amount without considering evidence available on file. Appellant was simply a casual labourer. Moreover, there is nothing on record to suggest that amount of compensation deserves to be enhanced. Accordingly, he prays for dismissal of appeal with special costs.
5. This Court has given anxious thought to the aforesaid submissions made by learned counsel for the parties and perused the impugned award as well as other evidence available on file.
6. Undisputedly, no compensation has been awarded on SHAM SUNDER 2014.12.03 10:41 I attest to the accuracy and authenticity of this document high court chandigarh FAO No. 6410 of 2012 (O&M) - 3- account of permanent disability or loss of future prospects. Appellant suffered permanent disability to the extent of 30% to his left eye, as is evident from permanent disability certificate Mark 'PX'. Even, no discussion has also been made by learned Tribunal in this regard. Taking into consideration the fact that 30% disability is to only left eye and not of the whole body and further that certainly, there is loss of future prospects, this Court is of considered view that it would be just, proper and would meet the ends of justice in case an additional amount of `50,000/- is awarded. So, on account of permanent disability as well as loss of future prospects, appellant shall be entitle to compensation to the tune of `50,000/-
7. In the light of what has been discussed above, the instant appeal is partly allowed holding that appellant shall be entitled to enhancement of compensation amount to the tune of `50,000/- in addition to amount awarded by learned Tribunal i.e. `2,67,330/-. The amount so enhanced shall also carry interest @ 7.5% per annum from the date of filing of claim petition before learned Tribunal till its realisation and respondents shall be jointly and severally liable to pay the same.
(JASPAL SINGH) JUDGE December 01, 2014 sham
1. Whether the Reporters of the Local papers may be allowed to see the judgment? Yes
2. To be referred to the Reporters or? Yes
3. Whether the judgment should be reported in the digest? Yes SHAM SUNDER 2014.12.03 10:41 I attest to the accuracy and authenticity of this document high court chandigarh