Partly allowed

Shiv Dayal v. Rakesh and Ors.

Punjab & Haryana HC9 Jan 2012FAO/2701/2011

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the Court enhanced compensation from Rs.25,000 to Rs.43,000. The increase covers loss of future income (Rs.35,000) and conventional heads like transportation and pain and sufferings (Rs.8,000) due to the appellant's 10% permanent disability and young age.

What did the court decide?

Enhanced compensation of Rs.43,000 (Rs.35,000 for loss of future income and Rs.8,000 for conventional heads) to be paid within 45 days with 7.5% interest.

Shiv Dayal Vs Rakesh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No.2701 of 2011 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2701 of 2011 (O&M) Date of decision: 9.1.2012

Shiv Dayal

...Appellant

Versus

Rakesh and others

...Respondents

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.RS Mamli, Advocate for the appellant.

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None for respondent Nos.1 and 2.

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Ms.Anamika Mehra, Advocate for respondent No.3-Insurance Company

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Jitendra Chauhan, J. (Oral)

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The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal') vide award dated 23.12.2010, on account of the injuries suffered by him in a motor vehicular accident on 24.7.2008.

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Learned counsel for the appellant has argued that the appellant suffered permanent disability to the extent of 10%. The learned Tribunal awarded a sum of `25,000/- towards disability and future income, which is on the lower side. He was operated upon and was advised bed rest for 18 weeks. The learned Tribunal granted a sum of Rs.17,000/- towards

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FAO No.2701 of 2011 (O&M) 2

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transportation expenses, attendant charges, special diet etc.

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On the other hand, the learned counsel appearing for the respondent-Insurance Company has submitted that the compensation awarded by the learned Tribunal is just and appropriate.

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

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From the perusal of the record, it is admitted that the appellant suffered multiple grievous injuries in the alleged accident, occurred on 24.7.2008. He remained hospitalised for a considerable period. He was operated upon. He suffered 10% permanent disability, which pertains to left leg with restriction of terminal movement of knee joint. He suffered a lot of pain and mental agony. He was 26 years of age at the time of accident. He is the sole bread earner of the family. He was working as labourer, the disability suffered would definitely affect his day to day life and future income. Keeping in view the nature of injuries and the age of the appellant, this Court is of the view that ends of justice would be met if another sum of `35,000/- is granted to the claimant-appellant towards loss of future income. Ordered accordingly.

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Furthermore, keeping in view of the facts and circumstances of the case, this Court feels that the amount awarded under the heads transportation, attendant charges, pain and sufferings, special diet etc. is on the lower side, which deserves to be enhanced adequately. Accordingly, the compensation amount under these heads is enhanced from 17,000/- to 25,000/-, which would also meet the ends of justice.

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The enhanced amount i.e. Rs.43,000/- (Rs.35,000 towards the

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FAO No.2701 of 2011 (O&M) 3

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loss of income) + Rs.8000 towards the conventional heads) shall be paid to the appellant, within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation.

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

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9.1.2012 gsv

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(JITENDRA CHAUHAN) JUDGE

Shiv Dayal v. Rakesh and Ors.

Case brief

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Shiv Dayal v. Rakesh and Ors.

Case brief

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