Partly allowed

Devender Kumar v. Rohtash & Ors.

Punjab & Haryana HC12 Oct 2011FAO/5138/2010

Case brief

AI extract

What is this about?

The High Court condoned the delay in filing this Motor Accident Claims Appeal. It enhanced the compensation awarded by the Tribunal by ₹25,000 for loss of marriage prospects, directing payment within 45 days with 7.5% interest thereafter.

What did the court decide?

Enhancement of compensation by ₹25,000 for loss of marriage prospects; directing payment within 45 days with 7.5% interest on delay.

Devender Kumar Vs Rohtash & Ors. — Motor Accident Claims | Punjab & Haryana HC (2011)

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FAO No.5138 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.5138 of 2010 (O&M) Date of decision: 12.10.2011

Devender Kumar

....Appellant

Versus

Rohtash and others

...Respondents

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: None for the appellant.

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Mr.Ajay Gulati, DAG, Haryana for respondent Nos. 2 and 3.

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Ms.Lovjinder Kaur, Advocate for respondent No.4- Insurance Company

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Jitendra Chauhan, J.(Oral)

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CM No. 24636-CII of 2011

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Reply filed on behalf of respondent No.4 is taken on record.

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Application stands disposed of.

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CM No. 22068 CII of 2010

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For the reasons mentioned in the application, delay of 60 days

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in filing the present appeal is condoned.

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Application stands disposed of accordingly.

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FAO No.5138 of 2010 (O&M)

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FAO No. 5138 of 2010

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By filing the present appeal, the claimant/ appellant has sought enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Narnaul, (for short 'the Tribunal') vide award dated 28.1.2010, on account of injury suffered by him.

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As averred in the petition, the compensation awarded by the learned Tribunal is on the lower side. The age of the claimant/appellant was 18 years and he was a bachelor at the time of accident. The injuredclaimant suffered 2% permanent disability. He has not been granted any compensation towards loss of marriage prospects.

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On the other, learned counsel for the respondent-Insurance Company has opposed the prayer of the appellant and stated that the learned Tribunal has rightly awarded the amount of compensation; therefore, there is no need of enhancement.

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Heard and perused the case file.

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From perusal of the case file, it emerges that the appellant sustained multiple injuries as noticed in the MLR Ex.P1. As per Ex.PW4/A, the disability certificate, the appellant suffered 2% permanent disability. The learned Tribunal has awarded a total sum of 29,500/- ( 4000/towards disability, 15,000/- for pain and suffering, 5500/- for medical expenses and ` 5000/- for healthy diet and transportation.) but no amount has been awarded towards loss of marriage prospects on account of the disability suffered by him.

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There is no doubt that the marriage prospects would be

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FAO No.5138 of 2010 (O&M) 3

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definitely affected due to the said disability. Therefore, this Court feels that the ends of justice would be met, if a further amount of ` 25,000/- is granted towards the loss of marriage prospects.

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Keeping in view the above facts, an amount of ` 25,000/- is ordered to be granted towards the loss of marriage prospects to the appellant, which shall be paid within 45 days from the date of receipt of the copy of this judgment, failing which, the same shall carry interest @ 7.5% per annum from the date of filing the present appeal till the payment is made.

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In view of above, the present appeal is partly allowed with the modification indicated above in the impugned Award.

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12.10.2011 gsv

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(JITENDRA CHAUHAN) JUDGE

Devender Kumar v. Rohtash & Ors.

Case brief

What is this about?

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Devender Kumar v. Rohtash & Ors.

Case brief

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