Partly allowed

Ami Chand v. Rakesh and Ors.

Punjab & Haryana HC9 Jan 2012FAO/2833/2011

Case brief

AI extract

What is this about?

Full Appeal over Motor Accident Claims Tribunal award. Court enhanced compensation for transportation, attendant charges, and special diet from 24,000 to 50,000, keeping loss of future income unchanged, and modified the impugned award to meet ends of justice.

What did the court decide?

Compensation enhanced from 24,000 to 50,000; additional 26,000 payable within 45 days with 7.5% interest per annum if not paid; impugned award modified.

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

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FAO No.2833 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2833 of 2011 (in MACT No.52 of 2009) Date of decision: 9.1.2012

Ami Chand

....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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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 appellant-injured, seeking enhancement of the compensation amount, awarded by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri, vide Award dated 23.12.2010, on account of the injuries suffered by him in an accident on 24.7.2008.

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Learned counsel for the appellant has argued that the compensation awarded by the learned Tribunal under the heads transportation, attendant charges, special diet etc. is on the lower side.

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On the other hand, learned counsel appearing for the respondent-Insurance Company has opposed the same and contended that the amount paid is already on higher side.

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FAO No.2833 of 2011

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

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Admittedly, the appellant suffered multiple grievous injuries on account of the accident. He remained hospitalised from 27.7.2008 to 8.8.2008 and again from 14.2.2009 to 15.2.2009. He was operated upon and implants were put in his leg. He suffered disability to the extent of 20%. He must have undergone pain and suffering during hospitalisation and after discharge. Keeping in view the facts and circumstances of the case, the amount i.e. 24,000/- awarded by the learned Tribunal under the aforesaid heads, being on the lower side, is enhanced to 50,000/- in all, which would meet the ends of justice. The amount awarded by the learned Tribunal towards loss of future income i.e. 1,50,000/- is just and adequate.

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Accordingly, the enhanced amount i.e ` 26,000/- (50,00024,000 already awarded by the learned Tribunal under 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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The present appeal is partly allowed and the impugned Award is modified to the above extent.

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(JITENDRA CHAUHAN) JUDGE

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9.1.2012 gsv

Ami Chand v. Rakesh and Ors.

Case brief

What is this about?

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Ami Chand v. Rakesh and Ors.

Case brief

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