Punjab-Haryana High Court
Charan Dass vs Nawal Kishore And Others on 18 February, 2014
FAO No.1572 of 1996 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision : 18.02.2014
1) F.A.O. No.1572 of 1996 (O&M)
Charan Dass
...... Appellant
versus
Nawal Kishore and others
...... Respondents
2) F.A.O. No.1510 of 1996 (O&M)
M/s United India Insurance Co. Ltd. and another
...... Appellants
versus
Sh. Charan Dass and others
...... Respondents
3) F.A.O. No.1511 of 1996 (O&M)
M/s United India Insurance Co. Ltd.
...... Appellant
versus
Shri Bhagat Ram and others
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Sharma Ashish
2014.03.19 12:51
I attest to the accuracy and
integrity of this document
Chandigarh
FAO No.1572 of 1996 (O&M) -2-
Present : Mr. Yogesh Saini, Advocate
for Mr. Pritam Saini, Advocate
for the appellant-claimant (in FAO No.1572 of 1996)
for the respondent No.1 (in FAO No.1510 of 1996)
Mr. Vinod Chaudhri, Advocate
for the appellants (in FAO Nos.1510 & 1511 of 1996)
for the respondents No.3 and 4 (in FAO No.1572 of 1996)
***
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
These are three appeals arising out of the common award dated 15.01.1996 awarding `61,500/- along with interest @ 12% p.a. to the claimant-Charan Dass i.e. `25,000/- for permanent disability, `25,000/- for medical expenses, `4000/- for loss of earning and `7500/- for pain and suffering and also awarding `10,000/- to the other injured-Bhagat Ram along with interest @ 12% p.a. i.e. `1000/- for medical treatment, `3000/- for loss of income & `6000/- for pain and suffering. These appeals are disposed of by the common order. One appeal bearing FAO No.1572 of 1996 has been filed by the injured-claimant for the enhancement of compensation and the other two appeals bearing FAO Nos.1510 & 1511 of 1996 have been filed by the insurance company and owner/driver of the offending vehicle to challenge the finding that the accident was caused due to rash and negligent driving of the motor-cycle. For the sake of convenience the facts are being taken from FAO No.1572 of 1996 Brief facts fare that on 16.03.1994 the claimant and other person-Bhagat Ram were travelling in three wheeler bearing No.HYX-7177, Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.1572 of 1996 (O&M) -3- being driven by respondent No.1-Nawal Kishore, from Pipli side to Ladwa side. When the three-wheeler reached in the area of Ladwa, at that time a motor-cycle bearing No.HR-07-9159, being driven by respondent No.3- Sardul Singh in a rash and negligent manner, came from the opposite side and the same by coming on wrong side of the road hit the three-wheeler and consequently the three-wheeler turned turtle and the claimant-Charan Dass along with Bhagat Ram received injuries. The claimants were rushed to the Civil Hospital, Ladwa. PW1 Dr. Pankaj Aggarwal deposed that the claimant-Charan Dass received following six injuries:-
i) Lacerated wound 3 cm. X 1 cm. by muscle deep on front of middle-third of right leg. Surrounding parts were swollen, crepitus were present. Profuse bleeding was there.
ii) Lacerated wound 3 cm. X 1½ cms. by muscle deep on postro medial side of right leg on its lower third.
iii)Lacerated wound 7cm x 3 cm tendon deep on posterior side of right ankle.
iv)Reddish abrasion 4 cms x 2 cms on upper half of outer side of right leg. Surrounding parts were swollen.
v) Lacerated wound 1 cm. X 1½ cms by muscle deep on posterior side of middle-third of right leg.
vi)Reddish abrasion 1cm x 1cm on front of left knee.
As per X-ray report, the said leg injury has resulted into Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.1572 of 1996 (O&M) -4- permanent disability to the extent of 10% due to mild limitation of moment of his right ankle.
As regards appeals filed by the insurance company and the owner/driver of the motor-cycle, the learned counsel for the respondent Nos.3 and 4 has argued that in the FIR recorded just after the accident it had been unequivocally stated that the accident had taken place due to rash and negligent driving of the respondent No.1, driver of the three-wheeler but later on once the appellant and Bhagat Ram realized that the three-wheeler was not insured they challenged the same and made up a new story that in fact the accident took place due to the fault of the motor-cycle.
The Tribunal has considered this fact and after going through the evidence has rejected this argument by giving cogent reasons therefor. I find no reason to take a different view.
Coming back to the appeal filed by the claimant-Charan Dass, the learned counsel for the claimant-appellant has argued that the amount awarded under the head of pain and suffering is grossly inadequate and that nothing has been awarded for loss of marriage prospects.
Learned counsel for the respondents No.3 and 4 has pointed out that the Tribunal held that the injured suffered 4% physical disability (full body) and therefore only an amount of `8000/- can be awarded under the head of permanent disability but the Tribunal erred in granting `25000/- under this head.
I find that this is indeed so. Consequently, the appellant is granted `17,000/- extra under the head of permanent disability. In the Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.1572 of 1996 (O&M) -5- circumstances, out of the amount of `17,000/- the amount of `10,000/- is adjusted towards loss of marriage prospects and an amount of `7000/- is adjusted towards pain and suffering. No other modification of the award is required.
Consequently, all the appeals are dismissed in the above terms and the award is modified.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 18, 2014 JUDGE
ashish
Sharma Ashish
2014.03.19 12:51
I attest to the accuracy and
integrity of this document
Chandigarh