The court allowed an appeal filed by an injured victim of a road accident seeking enhancement of compensation. The High Court modified the Tribunal's award, increasing the sum awarded for transportation, pain and suffering, and loss of limb.
Compensation enhanced by Rs. 35,000/- to be paid within 45 days; interest @ 7.5% p.a. if not paid.
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.
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FAO No.3752 of 2010 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.3752 of 2010 (O&M) Date of decision: 23.4.2012
Smt.Dayawanti
...Appellant
Versus
Mukesh Sharma and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Ram Bilas Gupta, Advocate for the appellant
Mr.Hitesh Pandit, Advocate for Mr.BS Tewatia, Advocate for respondent Nos. 1 and 2.
Mr.Sanjiv Pabbi, Advocate for respondent No.3.
Jitendra Chauhan, J. (Oral)
CM No. 16226-CII of 2010
Despite sufficient opportunity, no reply has been filed by the respondents.
Keeping in view the averments made in the application, the same is allowed. The delay of 27 days in filing the instant appeal is hereby condoned.
FAO No. 3752 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, Palwal, (for brevity 'the Tribunal') vide
FAO No.3752 of 2010 (O&M) 2
award dated 10.12.2009, on account of the injuries suffered by her in a road accident on 28.8.2007.
Learned counsel for the appellant contends that the appellant suffered disability to the extent of 25% on account of amputation of right hand thumb. He further submits that she was engaged in agriculture work and selling of milk and used to earn Rs.10,000/- per month. He further submits that she remained hospitalised from 28.8.2007 to 3.9.2007 and suffered agonising pain and mental agony. However, the learned Tribunal awarded a meager amount of Rs. 50,300/-.
On the other hand, the learned counsel appearing for the respondents submit that the disability is qua limb and not towards the whole body. The bills proved on record stand reimbursed. Therefore, the present appeal deserves to be dismissed.
I have heard the learned counsel for the parties and perused the record carefully.
Admittedly, the appellant suffered multiple injuries in a vehicular accident. However, there is no record in support of the assertion made by the appellant holding any land or the details of selling milk. The injuries suffered by her in the accident are not disputed. From the testimony of Dr.Lokesh Kumar Dhariwal, it emerges that she remained hospitalised from 28.8.2007 to 3.9.2007. The right thumb of the appellant was amputated. It is discernible from the medical record that the appellant visited the hospital 29 times for post operative treatment. Thus, she must have suffered agonising pain and mental agony. However, the expenses
FAO No.3752 of 2010 (O&M) 3 incurred by her stand reimbursed, but keeping in view the age, loss of limb, period of hospitalisation, this Court feels that the amount paid towards transportation, pain and suffering is inadequate and the same deserves to be enhanced to another sum of Rs.35,000/-, which would meet the ends of justice. Ordered accordingly.
The enhanced amount i.e. Rs.35,000/- shall be paid to the appellant by the respondents, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, she shall be entitled to get interest @ 7.5% per annum from the date of the 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.
23.4.2012 (JITENDRA CHAUHAN) gsv JUDGE
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal for pain and suffering and loss of limb required enhancement.
Smt. Dayawanti
Mukesh Sharma
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
