The High Court enhanced the compensation awarded in a motor accident case for the appellant's blindness and future academic/professional loss, condoning a 200-day delay and modifying the Tribunal's award.
Compensation enhanced to ₹1,64,861/- with 7.5% p.a. interest if not paid within 45 days.
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.5041 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.5041 of 2010 (O&M) Date of decision: 6.1.2012
Priynkal
....Appellant
Versus
Shyam Lal and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.SK Singla, Advocate for the appellant
Ms.Rajwinder Kaur, Advocate for Mr.TK Joshi, Advocate for respondent-Insurance Company
Jitendra Chauhan, J.(Oral)
CM No.21960-CII of 2010
Keeping in view the averments made in the application, the delay of 200 days in filing the instant appeal is hereby condoned.
Application stands disposed of accordingly.
FAO No.5041 of 2010
The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri, (for short 'the Tribunal'), vide award dated 11.9.2009, on account of the injuries sustained by the appellant in a motor vehicular accident on 8.10.2007.
FAO No.5041 of 2010 (O&M) 2
Learned counsel for the appellant contends that the appellant suffered injuries in the accident and he remained hospitalised from 8.10.2007 to 18.10.2007. He lost complete vision of his right eye on account of the accident. He was an unmarried young boy of 20 years at the time of accident. The learned Tribunal awarded a sum of `1,42,000/-, which is inadequate.
On the other hand, learned counsel for the respondentInsurance Company has contended that the compensation awarded by the learned Tribunal is just and appropriate, therefore, there is no need of any further enhancement.
I have heard learned counsel for the parties and perused the record carefully.
From the statement of PW-6 Dr.Sangeeta Bhagat, it is clear that injuries received by him is likely to affect the other eye, which will substantially reduce the employability as well as earning capacity of the appellant-claimant. The claimant -appellant was a young man of 20 years of age at the time of accident. He was doing a diploma in Information Technology, and was preparing for the 2nd year examination.
Keeping in view the above facts, this Court deems appropriate to enhance the compensation amount over and above the amount granted by the learned Tribunal to `1,50,000/- for disability suffered, as the injury is likely to affect the vision in the other eye as well. The injuries would affect the earning capacity and the marriage prospects of the appellant. Moreover, the appellant could not appear in the examination for the next two years on account of the loss of eye and thus, suffered academic loss. Therefore, this
FAO No.5041 of 2010 (O&M) 3
Court feels that ends of justice would sufficiently meet, if another amount of ` 1 lac is granted under the aforesaid heads.
The appellant remained hospitalised from 8.10.2007 to 18.10.2007. Therefore, he must have required attendant and special diet. Therefore, the amount awarded under these heads is enhanced from 5000/to 10,000/-, which would meet the ends of justice.
Accordingly, the enhanced amount i.e. `1,64,861/- (1,50,000 (towards disability) + 1,00,000 (towards academic loss, future income and marriage prospects) + 10,000 (towards incidental charges, attendant and special diet) + 20,000 (already granted towards pain and sufferings) + 26861 (already granted towards medical expenses) – 1,42,000( already granted by the learned Tribunal), 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 the filing of the appeal, till its realisation.
In view of above, the present appeal is partly allowed with the modification in the impugned award as indicated above.
6.01.2012 gsv
(JITENDRA CHAUHAN) JUDGE
2 issues framed by the court
Whether compensation awarded by the Motor Accident Claims Tribunal should be enhanced due to severe eye injury affecting future employment and marriage prospects.
Whether the delay in filing the first appeal should be condoned.
1 provisions across 1 enactments
Priynkal
Shyam Lal
Insurance Company
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
