Punjab-Haryana High Court
Kamla And Another vs Jai Narain And Others on 21 January, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO -4883-2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO -4883-2011 (O&M)
Date of decision:21.1.2014
Kamla and another
....Appellants
Versus
Jai Narain and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.SS Walia, Advocate for the appellant
Mr.Kunal Garg, AAG, Haryana
Mr.AS Sidhu, Advocate for respondent No.4.
*****
Jitendra Chauhan, J.
1. The present appeal has been filed by the claimants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, (Fast Track Court), Hisar (for short 'the Tribunal'), vide award dated 9.3.2011, on account of the death of Mahender Singh, in a road accident.
2. Learned counsel for the appellant contends that the death of Mahender Singh occurred due to the injuries suffered by him in a road accident on 18.1.2009. The accident occurred due to the negligence of the bus driver, who stationed the bus on the road without lighting the indicators. The deceased was admitted in General Hospital, Bhiwani on 18.1.2009 and thereafter, due to critical condition, he was shifted to CMC Shanker Gauri 2014.01.28 18:26 I attest to the accuracy and integrity of this document High Court Chandigarh FAO -4883-2011 (O&M) 2 Hospital, Hisar, where on 9.2.2009, he succumbed to the injuries sustained by him in the accident. But, the learned Tribunal did not consider these facts. The deceased had remained under treatment for fracture of ribs right side, fracture of right scapula and COPD. The amount awarded by the learned Tribunal is inadequate.
4. On the other hand, the learned counsel appearing for the respondent-Insurance Company submits that just and adequate compensation has been awarded. There is no evidence on record with regard to the death of the deceased due to the injuries suffered by him in the accident. Therefore, he prays for the dismissal of the appeal.
5. I have heard the learned counsel for the parties and perused the case file.
6. It is not disputed that the deceased suffered injuries due to the accident. The learned Tribunal in para 15 of the impugned award recorded a categoric finding with regard to the death of the deceased:-
"15. No treatment record of deceased Mahender Singh has been placed on record. In the hospital bill Ex.P4, there is no mention of the condition in which deceased Mahender Singh was discharged.
Consequently, the certificate Ex.P5 given by Dr.Hukam Chand Poppli on 8.3.2009 ( i.e. almost one month after the discharge of deceased Mahender Singh from the hospital) that Mahender Singh was referred to higher centre for further management cannot be acted Shanker Gauri 2014.01.28 18:26 I attest to the accuracy and integrity of this document High Court Chandigarh FAO -4883-2011 (O&M) 3 upon because there is no material on record to substantiate the contents of the aforesaid certificate Ex.P5 given by Dr.Hukam Chand Poppli. Further there is also no post mortem report of deceased Mahender Singh. The necessary conclusion that follows is that the petitioners have failed to prove that deceased Mahender Singh died on account of the injuries sustained by him in the accident."
7. From the perusal of the record, there is no evidence to suggest that the death of Mahender Singh occurred due to the injuries suffered him in the accident. Thus, the plea with regard to the death of Mahender Singh due to the injuries suffered by him in a road accident is declined. However, from the medical bills for the treatment of Mahender Singh were borne by the appellant No.1. The accident in question is proved on record. The deceased remained admitted in CMC Hospital, Hisar from 22.1.2009 to 8.2.2009. Keeping in view the hospitalisation period and other expenses i.e. diet, income loss, attendant charges, this Court feels that the ends of justice would be met, if another lump sum of Rs.25,000/- is granted. Ordered accordingly.
8. Accordingly, the enhanced amount i.e. Rs.25,000/- shall be paid to the claimants-appellants, in the manner indicated in the impugned award, within 45 days from the date of the receipt of the certified copy of this order, failing which, the appellants shall be entitled to get @ 7.5% per annum from the date of the filing of the appeal, till its realisation. Shanker Gauri 2014.01.28 18:26 I attest to the accuracy and integrity of this document High Court Chandigarh FAO -4883-2011 (O&M) 4
9. In view of the above, the present appeal is partly allowed and the award is modified to the above extent.
21.01.2014 (JITENDRA CHAUHAN)
gsv JUDGE
Shanker Gauri
2014.01.28 18:26
I attest to the accuracy and
integrity of this document
High Court Chandigarh