Punjab-Haryana High Court
Balbir Singh vs Rameshwar Dass, Driver, Haryana ... on 20 January, 1992
Equivalent citations: 1992ACJ676, (1992)101PLR497
JUDGMENT R.S. Mongia, J.
1. Balbir Singh was travelling in Bus run by Motoria Bus Service which met with an accident with Haryana Roadways Bus on 19.10. 1982. The said Balbir Singh received injuries in the accident as a result of which his right arm had to be amputated. He was about. 25 years of age at time of accident and was working as an Agriculture Inspector with the Haryana Government in the Agriculture. Department. He had filed the claim petition before the Motor Accident Claims, Tribunal, Sirsa claiming compensation on account of the injuries sustained by him in the accident The Motor Accident Claims Tribunal came to the conclusion that the accident had occurred because of the negligence of the driver of the Harayna Roadways Bus petitioner was awarded a sum of 27,500/- as compensation on various counts by the Tribunal vide his award dated 5th, September, 1985. The appeal of the State Government i.e. F.A.O. No. 50 of 1986 against the said award was dismissed in limine on 18.2.1986. Dissatisfied with the Award the claimant has come up in appeal.
2. The learned counsel for the appellant has submitted that the compensation awarded, is too inadequate. According to the learned counsel, taking into consideration the nature of injury; the loss that is suffered by, the appellant in. his service career; the pain and suffering that was undergone by the appellant and permanent handicapness that will go with the appellant throughout his life, at least Rs 1.50 lakhs should have been paid as compensation.
3. From the award of the Tribunal, I do not find any discussion as to how he came to the conclusion that compensation of Rs 27 500/- would be adequate, compensation.
4. After hearing the learned counsel for the parties I am of the view that the appellant who is a right handed man, has lost his right arm at a young age of 25 years which would obviously affect his future chances of promotion and also this handicapness is going to affect his normal working as well as enjoyment in life. He has also undergone lot of pain and suffering. Taking all the facts into consideration, I am of the view that a sum of Rs. 1.25 lakhs would be an adequate compensation under these circumstances.
5. Consequently, the appeal is allowed and the Award of the Motor Accident Claims Tribunal is modified to the extent that instead of Rs. 27,500/- the appellant would be entitled to a compensation of Rs. 1.25 lakhs. If the payment of the compensation is made by the respondents to the appellant within three months of the receipt of this order (minus deducting amount already paid) the appellant would not be entitled to any interest. However, in case the said amount is not paid within the stipulated period, the appellant would be entitled to interest at the rate of 9% per annum from the date of the Award of the Tribunal till the date of actual realisation. There will be no order, as to costs.