Partly allowed

Karan Singh v. Vijay Arora and Ors.

Punjab & Haryana HC19 Oct 2011FAO/6363/2010

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. An additional sum of Rs. 20,000 was granted for pain, suffering, and future expenses, as the Tribunal's award for those heads was deemed inadequate despite sufficient evidence for other claims.

What did the court decide?

An additional sum of Rs. 20,000 awarded for pain and suffering, special diet, transportation, and future expenses, to be paid within 40 days with interest.

Karan Singh Vs Vijay Arora and Ors. — Medical Negligence | Punjab & Haryana HC (2011)

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FAO No. 6363 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No. 6363 of 2010 Date of decision: 19.10.2011

Karan Singh

....Appellant

Versus

Vijay Arora and others

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...Respondents

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Rahul Deswal, Advocate for the appellant

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Mr.Ashit Malik, Advocate for respondent No.1.

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Ms.Madhu Sharma, Advocate for respondent No.2.

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Jitendra Chauhan, J.(Oral)

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The present appeal has been filed by the claimant/injured seeking enhancement of the compensation awarded by learned Motor Accident Claims Tribunal, Karnal (for brevity 'the Tribunal'), on account of the injuries received by him in the accident which occurred on 26.12.2007.

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Learned counsel for the appellant contends that the appellant is an agriculturist and on account of the injuries suffered by him, he has become permanently disable to the extent of 25%. It is further contended that arriving to the disability, claimant is not able to do the work with same effort and efficiency, as he was doing prior to the accident. Learned Counsel submits that the learned Tribunal awarded an amount of ` 60,000/-

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FAO No. 6363 of 2010 2

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towards treatment and medicines expenses, 35,000/- towards disability, 12,500/- towards loss of income and ` 12,500/- towards pain and sufferings, special diet, transportation and future expenses etc., which are inadequate.

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On the other hand, learned counsel for the respondents contend that the learned Tribunal has rightly awarded a just and reasonable compensation and therefore, there is no scope of enhancement.

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I have heard learned counsel for the parties and perused the record carefully.

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From a perusal of the record, it emerges that the appellant produced bills Ex.P2 to P36 for medical treatment, medicines, tests etc., regarding which the learned Tribunal awarded a sum of 60,000/-, which is just and reasonable as all the bills have been disbursed. Regarding the loss of income, the learned Tribunal awarded a sum of 12,500/-, which is just and adequate, as the appellant has not been able to produce any evidence of income. Further, the appellant suffered permanent disability to the extent of 25% qua particular limb and he cannot do work as he was doing prior to the accident. The appellant remained admitted in PGI from 26.12.2007 to 29.12.2007. Keeping in view the seat of injury, this Court feels that ends of justice would sufficiently meet if a sum of ` 20,000/- more is awarded under the heads of pain and suffering, special diet, transportation, future expenses etc. I order accordingly.

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Resultantly, the enhanced amount i.e. `20,000/-, shall be paid to the appellant, within 40 days from the date of receipt of the copy of this

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FAO No. 6363 of 2010

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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

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modification indicated above.

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19.10.2011 gsv

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(JITENDRA CHAUHAN) JUDGE

Karan Singh v. Vijay Arora and Ors.

Case brief

What is this about?

What did the court decide?

Karan Singh v. Vijay Arora and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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