Partly allowed

Anuj v. Joginder Pal and Ors.

Punjab & Haryana HC23 Apr 2012FAO/2986/2010

Case brief

AI extract

What is this about?

This appeal seeks enhancement of compensation awarded by the Motor Accident Claims Tribunal for injuries sustained in a 2008 vehicular accident. The High Court enhanced the award, granting additional sums for transportation, pain and suffering, and special/attendant charges.

What did the court decide?

The appeal is partly allowed; the impugned award is modified to include an enhanced compensation of Rs.10,000/- payable within 45 days with interest at 7.5% p.a. for delay.

Anuj Vs Joginder Pal and Ors. — Insolvency and Bankruptcy | Punjab & Haryana HC (2012)

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FAO No.2986 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2986 of 2010

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In MACT Case No.117 of 2008

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Date of decision: 23.4.2012

Anuj

...Appellant

Versus

Joginder Pal & others

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...Respondents

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CORAM:HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present:Mr. Sandeep Kotla, Advocate, for the appellant.

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Mr. Aseem Aggarwal, Advocate for the respondent-Insurance Company.

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JITENDRA CHAUHAN, J. (ORAL)

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Heard. As per the averments made in the application for condonation of delay, the delay in filing the appeal is stated to be occurred on account of scarcity of funds.

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For the reasons mentioned in the application the delay of 128 days in filing the appeal is condoned.

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C.M. Stands allowed.

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Main appeal

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The claimant-appellant has preferred this appeal seeking enhancement of compensation amount passed by the learned Motor Accident Claims Tribunal, Panipat on account of injuries received by the appellant Anuj in a vehicular accident that took place on 2.3.2008.

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The brief facts of the case are that on 2.3.2008, the

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FAO No.2986 of 2010 -2-

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appellant along with Tanuj was going on his motor cycle from Jattal Road Panipat, towards Model Town Panipat. When they reached opposite Kothi NO. 27-28-R, their motor cycle was hit by a car bearing registration No.HR-06P-1781, being driven by respondent No.1. Joginder Pal. Consequently, both the occupants of the motor cycle fell down and received serious injuries.

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Claimant-appellant preferred claim petition bearing No.117 of 2008, before Motor Accident Claims Tribunal Panipat, which was decided by the learned Tribunal on 21.7.2009, awarding an amount of Rs.92,000/- on account of injuries received by the appellant Anuj in a vehicular accident.

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Feeling dissatisfied, the claimant-appellant came up in the present appeal seeking enhancement of the compensation amount.

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The learned counsel contends that the appellant remained hospitalized from 2.3.2009 to 10.3.2008 as an indoor patient. He further contends that no amount has been awarded under the heads transportation, special diet and pain and suffering by the learned Tribunal. He also refers to medical record Ex.P-4 to Ex.P-10 showing multiple injuries and fractures received by the appellant.

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On the other hand, the learned counsel for the respondent states that sufficient and adequate compensation has been awarded by the Tribunal and prays for dismissal of the appeal.

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I have heard the learned counsel for the parties and

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FAO No.2986 of 2010

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perused the record with their able assistance.

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From the perusal of para 20 of the impugned award it is made out that the learned Tribunal has awarded Rs.20,000/under the head 'pain and suffering and Rs.20,000/- under the heads 'special diet' and 'attendant charges'. The factum of accident and hospitalization of the appellant is not in dispute, therefore, it can be safely inferred that he must have visited the hospital for his post operative treatment. Thus, an amount of Rs.5000/- is allowed towards the head 'transportation'. This Court further allows an amount of Rs.5000/- more towards pain and suffering.

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No other point is raised.

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The enhanced amount of Rs.10,000/- shall be payable by the respondents to the claimant-appellant within 45 days from the date of receipt of certified copy of this judgment. If the amount is not paid within the stipulated period the claimant shall be entitled to interest @ 7 ½ % per annum from the date of filing the appeal till its realisation.

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With the above modification in the impugned award, the appeal is partly allowed.

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23.4.2012

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aarti

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JITENDRA CHAUHAN) JUDGE

Anuj v. Joginder Pal and Ors.

Case brief

What is this about?

What did the court decide?

Anuj v. Joginder Pal and Ors.

Case brief

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What did the court decide?

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