Appeal against an award by the Motor Accident Claims Tribunal seeking enhancement of compensation. The court held the 'pain and suffering' head inadequate and enhanced it from Rs. 2,000 to Rs. 12,000, maintaining other heads.
Compensation under 'pain and suffering' enhanced from Rs. 2,000 to Rs. 12,000; other heads maintained.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.4565 of 2010
Date of decision :20.10.2011
Anil
...Appellant
Versus
Subhash and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr.Sumeet Singh, Advocate for Mr. K.S. Dhaliwal, Advocate, for the appellants.
Mr. Suman Jain, Advocate, for the respondent-Insurance Company.
JITENDRA CHAUHAN, J. (Oral)
The instant appeal has been filed against the award dated 05.03.2010 passed by the Motor Accident Claims Tribunal, Karnal, (for short ‘MACT’), seeking enhancement of compensation, on account of injuries sustained by the appellant.
From the perusal of the award it is made out that Rs. 2000/has been awarded towards the head 'pain and suffering', Rs. 2,000/- for ‘transportation’, and a sum of Rs.1000/- on account of 'nutritious diet'.
I have heard learned counsel for the parties. A perusal of the record, bears out the fact that the compensation of Rs. 2000/- awarded towards the head 'pain and suffering' is inadequate and as such the compensation awarded under the head 'pain and suffering' is raised from Rs. 2000/- to Rs.12000/-, over and above the amount already
awarded.
Award under all other heads is reasonable and adequate amount of compensation has been awarded. To that extent the award passed by the learned Tribunal is maintained.
The enhanced awarded amount of Rs. 10,000/- shall be payable within 45 days from the receipt of copy of this judgement. In case enhanced amount is not paid within stipulated period, it shall carry interest at the rate of 7.5% per annum from the date of filing of the appeal till it is realised.
20.10.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE
Note : Whether to be referred to Reporter ? Yes / No
1 issue framed by the court
Whether the compensation awarded towards pain and suffering by the Motor Accident Claims Tribunal is inadequate and requires enhancement in this appeal.
Anil
Subhash and others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
