The High Court enhanced compensation for motor accident injuries from ₹20,000 to ₹30,000 by the High Court, while rejecting a separate medical expense claim submitted by the appellant.
Enhancement of compensation to ₹30,000, payable within 45 days with interest at 7.5% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FAO No.3551 of 2010 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.3551 of 2010 (O&M) (in MACT case No.169 of 2006) Date of decision: 18.1.2012
Subhash Chand
....Appellant
Versus
Shiv Kumar and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Sanjiv Patiyal, Advocate for Mr.Ashwani Arora, Advocate for the appellant
Mr.Raghujit Singh Madan, Advocate for respondent -Insurance Company
Jitendra Chauhan, J.(Oral)
Application for condonation of delay
For the reasons mentioned in the application, delay of 13 days in filing the instant appeal is hereby condoned.
Application stands disposed of.
FAO No.3551 of 2010
The present appeal has been filed by the injured-appellant, seeking enhancement of the compensation amount, awarded by the learned Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal'), vide Award dated 16.9.2009, on account of the injuries suffered by him in a motor vehicular accident on 15.3.2006.
FAO No.3551 of 2010 (O&M)
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Leaned counsel for the appellant has contended that the appellant suffered multiple serious injuries in an accident on 15.3.2006. He remained hospitalisated for a considerable period and he was operated upon. He further states that the appellant incurred huge expenses on his treatment. The learned Tribunal awarded a sum of `20,000/- under all the heads, which is inadequate.
On the other hand, the learned counsel appearing for the respondent-Insurance Company has stated that the learned Tribunal after considering all the aspects, awarded a just and adequate compensation.
I have heard the learned counsel for the parties and perused the record carefully.
Admittedly, the appellant suffered multiple grievous injuries. He remained hospitalised from 15.3.2006 to 16.3.2006 and again from 28.4.2006 to 1.5.2006. He was operated upon. Therefore, keeping in view the facts and circumstances of the case, the amount awarded under the heads pain and agony, special diet, conveyance and attendant charges i.e. 20,000/- being on the lower side, is enhanced to 30,000/- (total). However, the learned Tribunal has rightly rejected the claim regarding medical expenses because according to the affidavit submitted by the appellant, he submitted the medical bills to his department and the same would be reimbursed to him.
Accordingly, the enhanced amount i.e. 10,000/- (30,000/- in all), 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
FAO No.3551 of 2010 (O&M)
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interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation.
In view of the above, the present appeal is partly allowed and the impugned award is modified to the above extent.
18.01.2012 gsv
(JITENDRA CHAUHAN) JUDGE
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal requires enhancement given the appellant's injuries and treatment costs.
Whether the claim for medical expenses ought to be entertained considering departmental reimbursement.
Subhash Chand
Shiv Kumar and others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
