Partly allowed

Amarjit Singh v. Abohar-Bhalwalpur Purasharti Coop. Tpt. & Ors.

Punjab & Haryana HC4 Jan 2012FAO/5705/2010

Case brief

AI extract

What is this about?

Appellant appealed against Motor Accident Claims Tribunal award seeking enhancement of compensation due to injury resulting from a road accident involving a bus and scooter, specifically disputing amounts for loss of marriage prospects and pain and suffering.

What did the court decide?

Compensation enhanced by Rs.50,000 total; Rs.25,000 for loss of marriage prospects, Rs.25,000 for pain and suffering; interest at 7.5% p.a. awarded; payment within 45 days.

Amarjit Singh Vs Abohar-Bhalwalpur Purasharti… — Medical Negligence | Punjab & Haryana HC (2012)

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FAO No.5705 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.5705 of 2010 (in MACT No.9 of 2006)

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Date of decision: 04.01.2012

Amarjit Singh

...Appellant

Versus

The Abohar-Bhawalpur Purasharthi Co-op Transport Society Abohar and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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

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Mr. Rajesh Narang, Advocate, for respondent No.1.

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Mr. Anil Kumar, Advocate, for Mr. Paul S. Saini, Advocate, for respondent No.3.

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-.-

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JITENDRA CHAUHAN, J.

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This is claimant's appeal seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ferozepur (for short, 'the learned Tribunal') vide the impugned Award dated 01.04.2009.

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Brief facts of the case in hand are that on 01.12.2002, the injured-appellant, Amarjit Singh along with Jiwan Singh and

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FAO No.5705 of 2010

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Chann Singh, was going to Jalalabad on a scooter from Village Mohan Ke Uttar. At around 11.00 a.m., when they reached in the area of Village Mahmu Joyian, a bus bearing registration No.PB30-A-9555, being driven by Gurtej Singh, respondent No.2, in a rash and negligent manner, came from the opposite side and hit against their scooter. As a result of the accident, Amarjit Singh, appellant herein, suffered multiple injuries whereas Chan Singh died at the spot. The injured appellant was removed to the Civil Hospital, Jalalabad, from where he was referred to the Civil Hospital, Muktsar. An FIR No.315 of 01.12.2001 was registered at Police Station Sadar Jalalabad.

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In this background, two separate claim petitions were preferred by Amarjit Singh (MACT case No.9 of 2006) and Jiwan Singh (MACT case No.10 of 2006), and the same were decided by the learned Tribunal vide consolidated Award dated 01.04.2009. The present appeal preferred by Amarjit Singh, assails the findings recorded by the learned Tribunal qua MACT case No.9 of 2006, on the point of quantum.

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I have heard the learned counsel for the parties and perused the record.

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The claimant-appellant, Amarjit Singh, was 18 years of age at the time of the accident. He was unmarried. As per the disability certificate, Ex.PW, the extent of disability suffered by

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FAO No.5705 of 2010

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the injured is 10%. Therefore, the marriage prospects of the appellants must have been hampered. From the impugned Award, it is made out that the learned Tribunal has not awarded any compensation towards the head 'loss of marriage prospects'. Keeping in view the age of the appellant, this Court feels that the ends of justice would be met in case an amount of `25,000/- under the aforesaid head is granted. Ordered accordingly.

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As per the record, the appellant remained hospitalized from 01.12.2002 to 28.12.2002, due to the injuries suffered by him in the accident and a surgery (K-nailing) was also performed upon him. Thereafter also, he must have remained bed-ridden for a considerable period. Keeping in view the aforesaid facts, this Court feels that the amount of Rs.5,000/- granted towards pain and suffering (general damages) is on the lower side. Accordingly, another amount of Rs.25,000/- is awarded under the head 'pain and suffering' which would meed the ends of justice over and above the amount already granted by the learned Tribunal. The compensation awarded under the other heads seems just and appropriate.

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Accordingly, the claimant-appellant is held entitled to the enhanced compensation of Rs.50,000/- which shall be paid to him within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be

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FAO No.5705 of 2010

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entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization.

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With the above modification in the impugned Award,

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the present appeal is partly allowed.

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04.01.2012 atulsethi

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( JITENDRA CHAUHAN) JUDGE

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Note : Whether to be referred to Reporter : Yes / No.

Amarjit Singh v. Abohar-Bhalwalpur Purasharti Coop. Tpt. & Ors.

Case brief

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Amarjit Singh v. Abohar-Bhalwalpur Purasharti Coop. Tpt. & Ors.

Case brief

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What did the court decide?

What the court decided

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