Partly allowed

Kusum Rani v. Harbhajan Singh and Anr.

Punjab & Haryana HC17 Jan 2012FAO/5992/2010

Case brief

AI extract

What is this about?

The High Court allowed an appeal by an injured party seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The court increased the award for pain and sufferings, transportation, and special diet to meet the ends of justice.

What did the court decide?

Enhancement of compensation by Rs. 15,000/- to a total of Rs. 30,000/- to be paid within 45 days.

Kusum Rani Vs Harbhajan Singh and Anr. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No.5992 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.5992 of 2010 (in MACT case No.143 of 2008) Date of decision: 17.1.2012

Kusum Rani

....Appellant

Versus

Harbhajan Singh and another

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...Respondents

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: None for the appellant

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Mr.V.K.Garg, Advocate for respondent No.2 -Insurance Company

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Jitendra Chauhan, J.(Oral)

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The present appeal has been filed by the appellant-injured, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Karnal (for short 'the Tribunal'), vide Award dated 4.3.2010, on account of the injuries suffered by her in a motor accident on 4.3.2007.

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I have heard the learned counsel for the respondent-Insurance Company and perused the grounds of appeal as well as the record.

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Admittedly, the appellant suffered multiple grievous injuries in the alleged accident. She sustained fracture of Clavicle bone and remained

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FAO No.5992 of 2010

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hospitalised for 3 days. The injuries suffered by her would have taken a long time to pursuit the agriculture work. She had to suffer a lot of pain, suffering and mental agony on account of the accident. The learned Tribunal awarded a sum of ,8000/- towards treatment including medicines, 4000/- towards loss of income, 3000/- towards pain and sufferings, transportation and special diet, which keeping in view the facts and circumstances of the case, is on the lower side. The amount awarded under the head of pain and sufferings, transportation and special diet is enhanced to 15,000/- more, which would meet the ends of justice.

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Accordingly, the enhanced amount i.e. 15,000 ( `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 interest @ 7.5% per annum from the date of receipt of the filing of the appeal, till its realisation.

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The present appeal is partly allowed and the impugned Award is modified to the above extent.

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(JITENDRA CHAUHAN) JUDGE

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17.1.2012 gsv

Kusum Rani v. Harbhajan Singh and Anr.

Case brief

What is this about?

What did the court decide?

Kusum Rani v. Harbhajan Singh and Anr.

Case brief

What is this about?

What did the court decide?

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