Punjab-Haryana High Court
Ram Kumar vs Haryana State Through Collector on 9 January, 2014
FAO No. 1369 of 1991(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 1369 of 1991(O&M)
Date of decision : 09. 01.2014
Ram Kumar ...... Appellant
Versus
Haryana State through Collector
and others ...... Respondents
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CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present : Mr. Devinder Singh, Advocate
for the appellant.
Mr.S.S.Goripuria, DAG, Haryana.
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i. Whether Reporters of local papers may be allowed to see the judgment?
ii. To be referred to the Reporters or not?
iii.Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
This is an appeal for enhancement of compensation. Facts of the case are that on 14.1.90 at about 5.30 p.m. one Ram Kumar and Hawa Singh arrived at bus stand T point Garwa on motor cycle bearing no. JKQ-9848 which was being driven by Ram Kumar. Hawa Singh got down from the motor cycle to answer the call of nature. Then one Raj Karan took lift on the motor cycle for going to village Garwa. When they reached on the approach road to their village, a bus bearing no. HNB-2377 being driven by respondent No.1 rashly and negligently came from village Nagpal Sunita 2014.03.04 12:40 I attest to the accuracy and integrity of this document FAO No. 1369 of 1991(O&M) 2 side at a very fast speed without blowing any horn and struck against the motor cycle as a result of which the occupants fell down. In this accident Raj Karan died on the way to hospital. The Tribunal held respondent No.1 liable for the accident. This appeal has arisen out of the claim petition filed by injured Ram Kumar. The Tribunal awarded him medical expenses to the tune of Rs. 3000/-, transportation charges at Rs. 3000/- , attendant charges of Rs. 5500/-, special diet Rs. 5000/-. The petitioner remained on full pay leave for one month and seven days and half pay leave from 8.4.90 to 30.4.90, then from 1.5.90 to 30.11.90, he remained on leave without pay. The Tribunal thus awarded a compensation of Rs. 21,000/-for loss of income, Rs. 10,000/- for pain and suffering and Rs. 10,000/- for permanent disability. Thus, in all the compensation awarded to the claimants was Rs. 57,500/- with interest at the rate of 12% p.a. Learned counsel has argued that the amount awarded under the head of loss of earning as well as permanent disability is highly inadequate. As regards the argument of permanent disability admittedly there is no medical opinion on the record showing whether there is any permanent disability and if so, the extent thereof. No fault can be found with the finding of the Tribunal granting Rs. 10,000/- under this head.
As regards loss of earning, admittedly the appellant was a Government servant. For the loss of salary during the time he remained on leave he has already been paid. No amount can be given under this account also.
The third issue of learned counsel for the appellant is that the appellant suffered grievous injuries and he admittedly remained on leave for Nagpal Sunita 2014.03.04 12:40 I attest to the accuracy and integrity of this document FAO No. 1369 of 1991(O&M) 3 nine months and, therefore, the amount of Rs. 10,000/- for pain and suffering is completely unfair. I propose to increase it by another Rs. 10,000/- .
With this modification the appeal is allowed in the above terms.
(AJAY TEWARI ) JUDGE January 09, 2014 sunita Nagpal Sunita 2014.03.04 12:40 I attest to the accuracy and integrity of this document