The High Court of Punjab and Haryana allowed an appeal by a minor's father seeking enhanced compensation for injuries sustained in a motor accident, adding Rs. 10,000 for expenses and pain and suffering, with interest instructions.
Enhanced compensation award of Rs. 17,000 with interest; to be deposited in a fixed deposit receipt in the minor's name.
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In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No.1050 of 2004 Date of Decision: 13.11.2014
Raghvinder Kaur
---Appellant
versus
Ram Dass and others
---Respondents
Coram: Hon'ble Mrs. Justice Rekha Mittal
Present: Mr. J.S.Cooner, Advocate for the appellant Mr. R.C.Kapoor, Advocate for the insurance company
REKHA MITTAL, J.
Raghvinder Kaur, minor girl aged about 06 years sustained injuries in a motor vehicular accident on 3.5.2000 and has been awarded compensation to the tune of Rs. 7000/- by the Motor Accident Claims Tribunal, Ambala (in short “the Tribunal”).
The present appeal has been preferred by the claimant through her father for enhancement of compensation.
Counsel for the appellant contends that the injured-victim suffered lacerated wound of .5 x 0.5 c.m. scalp deep in the right parietal region and remained admitted in the hospital for 8-9 days with effect from 3.5.2000 to 11.5.2000 and C.T.Scan report revealed fracture of right parietal bone as deposed by Dr. Shashi Tripathi PW1. It is further submitted that
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compensation awarded by the Tribunal to the extent of Rs. 7000/- is on lower side and liable to be enhanced by allowing expenses incurred on special diet, services of an attendant, transportation and some more amount may be allowed for pain and suffering undergone by such young child.
Counsel for the insurance company, on the contrary, submits that there is no justifiable reason for enhancement of compensation.
I have heard counsel for the parties and perused the records.
The injured victim remained hospitalized for a period over one week and suffered fracture of right parietal bone. Keeping in view nature of injury coupled with the period of treatment in the hospital, another amount of Rs. 10,000/- is awarded for expenses on special diet, transportation, services of an attendant, pain and suffering etc.
The enhanced amount of compensation shall be payable to the claimant with interest at the rate of 7.5% per annum from the date of filing of petition till realization. If the insurer deposits the amount in the Tribunal within 45 days, interest at the rate of 6% shall be payable. The amount of compensation shall be deposited in her name in a fixed deposit receipt with a nationalized bank payable to her on attaining the age of majority. However the interest accruing on FDR shall be payable to the guardian of the minors to meet expenses on her livelihood, education etc.
Appeal stands disposed of in the aforesaid terms.
(REKHA MITTAL) JUDGE
13.11.2014
PARAMJIT
1 issue framed by the court
Whether compensation awarded by the Motor Accident Claims Tribunal for a minor's injuries in a motor accident was adequate and required enhancement.
Raghvinder Kaur
Ram Dass
Rekha Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
