Partly allowed

Prithvi v. Shamsher Singh and Ors.

Punjab & Haryana HC14 Oct 2011FAO/3123/2010

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed the appeal partly, modifying the Motor Accident Claims Tribunal award. The Court increased compensation for pain and suffering from Rs.15,000 to Rs.30,000 due to inadequate award for the appellant's disability and loss of education.

What did the court decide?

Compensation for pain and suffering increased from Rs.15,000 to Rs.30,000; total enhancement of Rs.15,000 payable within 45 days with 6% interest if delayed.

Prithvi Vs Shamsher Singh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2011)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH

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FAO No. 3123 of 2010 Date of Decision: 14.10.2011

Prithvi

....Appellant

Versus

Shamsher Singh & others

¶7

....Respondents

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Sandeep Kumar Yadav, Advocate, for the appellant,

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Mr.Manoj K.Tanwar, Advocate, for respondent Nos. 1 & 2,

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Ms.Vandana Malhotra, Advocate, for respondent No.3.

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Mr. Sumit Sangwan, Advocate for the driver and owner.

¶13

Mr.Suvir Dewan, Advocate for respondent No.7.

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JITENDRA CHAUHAN J. (ORAL)

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C.M. No. 15234-35 of 2010

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C.M. is allowed. Delay in filing the appeal is condoned.

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FAO No. 3123 of 2010

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The instant appeal is directed against the award dated 05.12.2009, passed by the Motor Accident Claims Tribunal, Narnaul, (for short 'MACT'), seeking enhancement.

¶20

The learned Tribunal awarded Rs.63,000/- under various heads (Rs. 10,000/- for disability, Rs. 15,000/- for pain and suffering, Rs.23,000/- for medical expenses and Rs. 15,000/- for healthy diet and transportation).

¶21

A perusal of the record shows that the appellant had to suffer 5% permanent disability due to reduction of left ankle joint.

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From the perusal of record, it is revealed that the appellant also suffered loss of academic qualification due to this accident.

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Keeping in view the above this Court feels that the compensation awarded under the head 'pain and suffering' is inadequate. Accordingly, the compensation awarded under the heads of 'pain and suffering' is increased from Rs.15,000/- to Rs. 30,000/-. Thus, the total enhanced amount comes to Rs.15,000/-.

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Against all other heads, an adequate and reasonable compensation has been awarded. To that extent, the award passed by the learned Tribunal is maintained.

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The appeal is partly allowed in the manner and proportion indicated above and the award of Ld. Tribunal is modified to the extent indicated above. The enhanced amount of Rs.15,000/- shall be payable within 45 days from the date of receipt of copy of this judgment. In case enhanced amount is not paid within the stipulated period, it shall carry interest at the rate of 6 % per annum from the date of filing of the appeal, till it is realised.

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14.10.2011 tarunsahni

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(JITENDRA CHAUHAN) JUDGE

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Note : Whether to be referred to Reporter ? Yes / No

Prithvi v. Shamsher Singh and Ors.

Case brief

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Prithvi v. Shamsher Singh and Ors.

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