This appeal sought enhancement of compensation for a motor accident injury causing 45% disability. The court enhanced the award by adding amounts for loss of income and attendant expenses, relying on statutory calculations.
Enhanced compensation of `60,000/ with interest @ 7.5% per annum for 45 days.
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FAO No.972 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.972 of 2010 (in MACT No.52 of 2008) Date of decision: 9.1.2012
Avtar Singh
....Appellant
Versus
Harpinder Kaur and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Anuj Balian, Advocate for the appellant Ms.Anamika Mehra, Advocate for respondent -Insurance Company
Jitendra Chauhan, J.(Oral)
The present appeal has been filed by the appellant-injured, seeking enhancement of the compensation amount, awarded by the learned Motor Accident Claims Tribunal, Ambala, vide Award dated 27.4.2009, on account of the injuries sustained by him in an accident on 11.3.2007.
Learned counsel for the appellant has contended that the appellant sustained multiple grievous injuries on various parts of his body, in a motor vehicular accident. He suffered 45% permanent disability. The learned Tribunal awarded a sum of 75,000/- towards disability and10,000/- towards transportation, special diet, pain and sufferings, which is on the lower side. Moreover, no amount has been awarded towards loss of income.
On the other hand, learned counsel appearing of respondent-
FAO No.972 of 2010 2
Insurance Company has opposed any enhancement in the compensation.
I have heard the learned counsel for the parties and perused the case file carefully.
It is admitted fact that the appellant suffered multiple injuries on account of the accident. He suffered permanent disability to the extent of 45%. As per the law laid down in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the appellant is entitled to 90,000/- ( 2000/- per per cent of disability). He remained hospitalised from 11.3.2007 to 17.3.2007. He was operated upon and nail was inserted in his thigh. He must have undergone pain and suffering during hospitalisation. On account of the said disability, he cannot do work in the same manner, as he had been doing earlier. He remained bed ridden for more than three months. Keeping in view the facts and circumstances of the case, this Court feels that the ends of justice would be sufficiently met if the enhancement is made as under:-
75,000/-) another 15,000/2. Loss of income for three months ( to be considered 5000/- per month) total 15,000/3. Transportation, special diet, attendant pain and suffering (already awarded 20000) another 30,000/---------------------------Total `60,000/----------------------------Ordered accordingly.
The enhanced amount i.e ` 60,000/- 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
FAO No.972 of 2010
3
from the date of filing of the appeal, till its realisation.
The present appeal is partly allowed and the impugned Award
is modified to the above extent.
9.1.2012 (JITENDRA CHAUHAN) gsv JUDGE
3 issues framed by the court
Whether the compensation amount awarded by the Tribunal requires enhancement for 45% disability, loss of income, and attendant expenses.
Whether the Tribunal was justified in not awarding loss of income.
Whether the enhancement award aligns with established legal principles for motor accident claims.
Colour shows how this judgement treated each authority
Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77Relied on¶19
Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77
1 provisions across 1 enactments
Avtar Singh
Harpinder Kaur
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court