The High Court allowed the appeal partly to enhance the compensation awarded by the Motor Accident Claims Tribunal by Rs. 10,000 towards attendant charges, payable within 45 days with default interest.
Rs. 10,000 enhanced towards attendant charges to be paid within 45 days along with interest at 7.5% per annum in default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FAO No. 1779 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 1779 of 2011 Date of decision: 17.10.2011
Sukhbir Singh and Others Appellants
vs.
Babu Singh and Others Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Ms.Deepali S. Pabla, Advocate for the appellants Mr. Binni Thomas,Advocate for respondent No.3
JITENDRA CHAUHAN.J
This appeal has been filed by the claimants against the Award dated 30.4.2010, passed by the Motor Accident Claims Tribunal, Kurukshetra ( for short the Tribunal) praying that the amount of compensation deserves to be enhanced.
Learned counsel for the appellants submits that the appellant Sukhbir Singh received injuries in an accident on 9.11.2008 and remained admitted in P.G.I. Chandigarh from 9.11.2008 to 13.11.2008; 26.11.2008 to 1.12.2008 and in Apna Hospital, Kurukshetra from 13.11.2008 to 16.11.2008. She further submits that the Ld. Tribunal has awarded compensation to the tune of Rs. 60,000/- which is inadequate and the same deserves to be enhanced. She stated that no amount towards attendant charges was awarded to the injured.
A perusal of the file shows that the Ld. Tribunal has rightly
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FAO No. 1779 of 2011
awarded an amount of Rs. 15,000/- keeping in view the nature of injuries sustained by the appellant in the accident plus Rs. 12,000/- towards special diet; Rs. 7000/- towards transportation charges and Rs. 11,000/- for pain and suffering. It is on record that the appellant remained admitted in P.G.I. Chandigarh and Apna Hospital, Kurukshetra for a total span of 11 days. Some attendant must have attended the injured during that period. The Ld. Tribunal has not awarded any compensation towards this head.
In view of the above, interest of justice would be met if the appellant is granted some reasonable amount towards attendant charges, which he incurred during the period of his treatment at the hospital.
It is ordered that an amount of Rs. 10,000/- be paid to the appellant towards attendant charges besides the amount of Rs. 60,000/already awarded vide Award dated 30.4.2011. The enhanced amount of Rs. 10,000/- shall be paid within 45 days from the date of receipt of copy of this judgment, in default of which, the appellant shall be entitled to interest @ 7.5 % per annum from the date of filing of the appeal, till its realization.
With this modification in the Award, the appeal stands partly
allowed.
(JITENDRA CHAUHAN) JUDGE
17.10.2011 MS
2 issues framed by the court
Whether the compensation awarded by the Tribunal for attendant charges and other heads deserves enhancement.
Whether interest is payable on the enhanced compensation amount.
Sukhbir Singh and Others
Babu Singh and Others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
