Partly allowed

Arshad @ Arshad Hussain v. Haroon and Ors.

Punjab & Haryana HC25 Apr 2012FAO/3336/2011

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded to a pillion rider injured in a motor accident. Finding the Tribunal’s award on the lower side due to a month-long hospitalization and 20% disability, the court granted an additional Rs. 20,000.

What did the court decide?

Enhanced compensation by awarding an additional amount of Rs. 20,000 towards pain and suffering and other heads.

Arshad @ Arshad Hussain Vs Haroon and Ors. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No.3336 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.3336 of 2011

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In MACT Case No.188 of 2008/2009 Date of decision: 25.4.2012

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Arshad @ Arshad Hussain

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...Appellant

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Versus Haroon & others ...Respondents

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CORAM:HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present:Mr. Ashish Gupta, Advocate, for the appellant.

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Ms. Savita Tanwar, Advocate for Ms. Vandana Malhotra, , Advocate for the respondent-Insurance Company.

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JITENDRA CHAUHAN, J. (ORAL)

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The claimant-appellant preferred this appeal seeking enhancement of compensation amount awarded by the learned Motor Accident Claims Tribunal, Nuh, on account of injuries received by the appellant Arshad in a vehicular accident that took place on 18.6.2008.

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The brief facts of the case are that on 18.6.2008 the appellant was going to village Bhond from Gohana on Motor cycle bearing registration No.HR-52-A-4150. Respondent No.2. Jafar was driving the motorcyle while the appellant was the pilion rider. When they reached ahead of Gohana Chowk on turning point, suddenly three Neel cows came on the road the motor cycle went on the side of the pits and struck against the tree. As a result, both the occupants of the motor cycle received multiple injuries

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FAO No.3336 of 2011 -2-

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including fracture. The appellant was removed to the Civil Hospital Mandikhera, from where he was shifted to Jai Parkash Naryan Apex Trauma Centre, New Delhi.

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Claimant-appellant preferred claim petition bearing No.188 of 2008 before Motor Accident Claims Tribunal Nuh, which was decided by the learned Tribunal on 21.7.2009,5.1.2011 whereby an amount of Rs.60,000/- was awarded on account of injuries received by the appellant Arshad 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 for the appellant contends that the compensation awarded by the learned Tribunal is on lower side. He contends that the appellant remained hospitalized in Jai Parkash Narayan Hospital (AIIMS) from 18.6.2008 to 15.7.2008 as an indoor patient. He refers to Ex-P-1, disability certificate showing the disability of the appellant to the extent of 20%. He further contends that the amount awarded by the learned Tribunal under the heads 'transportation' and special diet' is on the lower side.

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On the other hand, 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 perused the record.

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From the testimony of PW-3 Tasvir Singh, Record Keeper

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FAO No.3336 of 2011

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of Jai Parkash Narayan Apex Trauma Centre AIIMS New Delhi, it is clear that the appellant remained hospitalized from 18.6.2008 to 6.7.2008. The appellant sufferred injuries to the extent of 20%. Therefore keeping in view the period of hospitalization, injuries suffered and age of the deceased it appears that the compensation awarded by the learned Tribunal is on the lower side. Moreover, the appellant remained hospitalized for about a month, therefore, it can be safely inferred that he must have incurred expenses and suffered agonising pain and suffering due to the injuries. Thus, this Court feels that the ends of justice would be met if another amount of Rs.20,000 is allowed towards pain and suffering and all other heads. Ordered accordingly.

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The enhanced amount of Rs.20,000/- 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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JITENDRA CHAUHAN) JUDGE

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25.4.2012 aarti

Arshad @ Arshad Hussain v. Haroon and Ors.

Case brief

What is this about?

What did the court decide?

Arshad @ Arshad Hussain v. Haroon and Ors.

Case brief

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What did the court decide?

What the court decided

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