Punjab-Haryana High Court
Narinderjit Singh vs Punjab State Through Secretary And Anr. on 27 April, 1993
Equivalent citations: 2(1993)ACC239
JUDGMENT N.K. Kapoor, J.
1. This judgment shall dispose of F.A.O. Nos. 260 and 261 of 1985 arising from the award of the Motor Accident Claims Tribunal, dated 14.11.1984.
2. Both these appeals have been filed by the Claimants for enhancement of compensation.
3. Briefly put, Claimant Narinderjit Singh along with other companions while travelling in a fiat car bearing registration No. PJQ 9981 met with an accident with truck bearing No. PUX 3664. This accident occurred on account of rash and negligent driving by Joga Singh, who, in fact, came on the wrong side of the road. On account of this accident, occupants of the car suffered injuries and the car too was badly damaged. The Claimant Narinderjit Singh suffered injury on his hand which was later on operated upon and same was kept under plaster for almost about 5 months. This resulted in permanent disability. The Claimant on account of injuries so suffered and the fact that he had become handicapped and he was unable to pursue his normal business Claimed a sum of Rs. 1,50,000/- as compensation.
4. This Claim of the petitioner was contested. It was pleaded by the respondent that the accident took place due to the sudden breakage of the central bolt of the front right kamani of the vehicle and so the front right wheel struck to the mud-guard and thus the truck could not be taken to the left hand side. This way it was pleaded that the accident was an act of God and cannot be construed as on account of rash and negligent driving of truck by Joga Singh respondent.
5. On the pleadings of the parties, following issue was framed.--
1. Whether Narinderjit Singh received injuries due to rash and negligent act of Joga Singh respondent No. 2. in driving truck bearing registration No. PUX 3664? If so, to what amount of compensation is the petitioner entitled to and from whom ?
On the basis of evidence led, the Tribunal came to the conclusion that the accident took place entirely due to the negligent and rash driving of the truck by Joga Singh respondent. While assessing compensation payable to the Claimant the Tribunal awarded the sum under three heads (i) Rs. 3,600/- to engage services of a driver for his tractor during the period his left arm remained under plaster; (ii) Rs. 2,500/- for treatment; and (iii) Rs. 1,000/- for pain, suffering and mental agony, in all Rs. 7,100/-.
6. With a view to seek enhancement of compensation, the Counsel drew my attention to the statement of Dr. Dalbir Singh, Senior Medical Officer, PW 6, who while appearing in the Court has highlighted the nature of the injuries suffered by the Claimant. According to the doctor, non-union of the left radius was of permanent nature and has rendered left arm as useless which opinion was affirmed by Dr. S.K. Thapar as well. It has also come in evidence that the Claimant has suffered permanent disability of 15%. The Claimant's left arm remained under plaster for almost four months who had to hire services of a driver for plying his tractor. There is no denying the fact that on account of the accident the Claimant's movements can be said to have become restricted. The compensation awarded by the Claims Tribunal is rather meagre. Accordingly, I enhance the same and quantify the same at Rs. 12,000/- under all heads in FAO of 1985. The Claimant is also awarded interest at the rate of 12% per annum from the date of award till its payment.
In FAO No. 261 of 1985 the Claimant has sought enhancement of amount with regard to the damage suffered by car in the accident. The Tribunal has awarded a sum of Rs. 2,000/- as damages. This amount also needs some enhancement. It has come in evidence that the car was badly damaged on account of the accident and a considerable amount had to be spent upon its repairs. Merely for the reason that the claimant could not furnish the account is no ground to deprive the amount spent by the Claimant in getting the car repaired. Keeping in view the deposition of Bhupinder Singh, a mechanic, I enhance the amount of damages to Rs. 4,000/- i.e. inclusive of Rs. 2,000/- already awarded. No order as to costs. The Claimant shall also be entitled to interest at the rate of 12% per annum from the date of award till its payment.