Punjab-Haryana High Court
Rajbir vs Rajbir & Others on 19 April, 2012
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO No.3686 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 3686 of 2011
In MACT Case No.116 of 2010
Date of Decision: 19.4.2012
Rajbir ....Appellant
Versus
Rajbir & others ...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present:- Mr. Arvind Kumar Yadav, Advocate the appellant.
Mr. Abhishek Arora, Advocate for respondent No.1.
Mr. M.B. Jain, Advocate for respondent No.3.
JITENDRA CHAUHAN J.(ORAL):
C.M. No. 13558-C-II of 2011 For the reasons mentioned in the application the delay of 55 days in filing the appeal is condoned. Main appeal.
The claimant-appellant preferred this appeal for enhancement of compensation amount, awarded by the learned Motor Accident Claims Tribunal, Narnaul, whereby an amount of Rs.70,000/- has been awarded on account of injuries sustained by the appellant Rajbir in a vehicular accident that took place on 25.3.2010.
Brief facts of the case leading to the filing of the present appeal are that on 25.3.2010, the appellant Rajbir along FAO No.3686 of 2011 -2- with his relative Sunil was going from bus stand Ratta Kalan towards village Molahara, when a Motor cycle bearing registration No.HR-35-D-1217, being driven by respondent No.1 Rajbir in a rash and negligent manner struck against the appellant. Resultantly, the appellant fell down and sustained grievous injuries and fracture on his leg. After the accident the appellant was medico legally examined in CMC Ateli. Thereafter, he was brought to Pooja Hospital Narnaul, where he remained admitted from 29.3.2010 to 3.4.2010 as indoor patient.
The claimant-appellant preferred claim petition bearing MACT Case No.116 of 2010, before the Motor accident Claims Tribunal Narnaul, which was decided by the learned Tribunal on 29.10.2010, awarding an amount of Rs.70,000/-as compensation on account of injuries sustained by appellant Rajbir in a vehicular accident that took place on 25.3.2010.
Feeling dissatisfied, the claimant-appellant came up in the present appeal for enhancement of amount of compensation.
The learned counsel for the appellant contends that the compensation amount awarded by the learned Tribunal is on the lower side. Due to the injuries received by the appellant in the accident he remained bed ridden for more than three months, but no amount was awarded under the head loss of income. It is further contended that the amount awarded under the heads special diet and attendant charges are also on the lower side. He prays for enhancement of amount of compensation under all the heads.
FAO No.3686 of 2011 -3-
On the other hand, the learned counsel for the respondent states that the compensation amount awarded by the learned Tribunal, is just and adequate.
I have heard the learned counsel for the parties and perused the record.
The appellant was 31 years of age at the time of the accident. From the record, it is well established that the appellant has suffered disability to the extent of 5% and has remained bed ridden for more than three months. Thus, it can be safely inferred that he must have undergone agonising pain and suffering during the interregnum. Therefore, keeping in view the age, injuries and disability suffered by the appellant this Court feels that the ends of justice would be met if another amount of Rs.25,000/- is allowed. Ordered accordingly.
The enhanced amount of Rs.25,000/- shall be payable by the respondent to the claimant-appellant within 45 days from the date of receipt of certified copy of this judgment. If the amount is not paid within the stipulated period the claimant shall be entitled to interest @ 7 ½% per annum from the date of filing the appeal till its realisation.
With the above modification, the appeal is partly allowed.
19.4.2012 (JITENDRA CHAUHAN) aarti JUDGE