Partly allowed

Rakesh Kumar v. Mohan Dass and Ors.

Punjab & Haryana HC4 Sept 2015FAO/400/2011

Case brief

AI extract

What is this about?

In this first appeal, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal from Rs. 50,660 to Rs. 1,32,000. The Court relied on precedent to value disability at Rs. 2,000 per percent, leading to a total award including loss of earnings, special diet, attendant charges, and medical treatment.

What did the court decide?

Award enhanced from Rs.50,660 to Rs.1,32,000, payable within 45 days, with interest at 9% per annum from the date of filing.

Rakesh Kumar Vs Mohan Dass and Ors. — Contract and Commercial Disputes | Punjab & Haryana HC (2015)

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FAO No. 400 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No. 400 of 2011 Date of decision:- 04.09.2015

Rakesh Kumar

...Appellant

Versus

Mohan Dass and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. Munish Mittal, Advocate for the appellant

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Mr. Rajbir Singh, Advocate for respondent No.3

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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RITU BAHRI J. (Oral)

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The present appeal has been preferred by the injured-appellant

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(for short 'the appellant'), against award dated 02.08.2010 passed by the learned Motor Accident Claims Tribunal (F.T.C), Karnal (for short, 'the Tribunal') to the tune of Rs.50,660/-.

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FACTS NOT IN DISPUTE

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On 16.07.2008, appellant along with his brother Deepak

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Kumar alias Mintoo was going from Incri towards Ladwa on Indri-

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Ladwa Road on his motorcycle bearing registration No. HR-07L-7404

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being driven by Deepak Kumar @ Mintoo and when they reached on

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the bridge of the Canal, a truck bearing registration No. HR-69B-0722

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GAURAV ARORA 2015.09.21 14:16 I attest to the accuracy and integrity of this document

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FAO No. 400 of 2011

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driven by respondent No. 1 rashly and negligently came from Ladwa side and hit against their motorcycle, as a result of which the accident took place and the claimant and his brother fell down on the road and front tyre of the truck ran over the legs of the appellant. A criminal case i.e F.I.R No. 130 dated 21.07.2008 under Sections 279337/338 IPC was registered against respondent No. 1.

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The learned counsel for the claimant-appellant contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to the enhanced, in view of the judgment

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On the other hand, the learned counsel for the respondent-Insurance Company have vehemently opposed the present appeal.

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I have heard learned counsel for the parties and perused

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the record.

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COMPENSATION ASSESSED BY MACT

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6. The Tribunal took the salary of the appellant as Rs.3900/-

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and the annual income comes to Rs.46800/-. Deduction of 1/3 was applied and the income comes to Rs.31200/-. Rs.15600/- was awarded

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on account of loss of income and for the medical bills, Rs.25,060/- was

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awarded and Rs.10,000/- towards pain and suffering.

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RE-ASSESSED COMPENSATION

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GAURAV ARORA 2015.09.21 14:16 I attest to the accuracy and integrity of this document

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FAO No. 400 of 2011

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In the facts of the present case, as per disability certificate

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(Ex P38), the appellant suffered 41 percent disability which was permanent in nature. However, the Tribunal has given a finding that since the claimant has failed to examine the doctor concerned in order to prove its disability, the disability certificate cannot be believed to be true.

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Reference at this stage can be made to a judgment of

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Ram Kiran Goyal vs. Sub Divisional Engineer (Mechanical) 2008 (2) RCR (Civil) 103 whereby victim suffered 55% disability and compensation was awarded at the rate of Rs.2000/- for every 1% disability .

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RE-ASSESSED COMPENSATION

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In view of the above judgment, the compensation is re-

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assessed as under:-

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HEAD	COMPENSATION AMOUNT
Loss on account of disability	41X2=Rs.82,000/-
Loss of earnings during recovery	Rs.20,000/-
Special Diet and Transportation Charges	Rs.15,000/-
Attendant	Rs.5,000/-
Medical treatment	Rs.10,000/-
TOTAL COMPENSATION AWARDED:-	Rs.1,32,000/-
ENHANCED AMOUNT OF COMPENSATION	1,32,000-50,660=Rs.81,340/- (rounded of to Rs.81400)

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The enhanced amount of compensation of Rs.81,400/-GAURAV ARORA

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GAURAV ARORA 2015.09.21 14:16 I attest to the accuracy and integrity of this document

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FAO No. 400 of 2011 -4-

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shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The enhanced amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization, in view of the judgment of Hon'ble the Supreme Court in a case of Kumari Kiran through her

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father Harinarayan vs. Sajjan Singh and others, 2015(1) SCC 539 .

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Remaining conditions of disbursal of amount shall remain unaltered.

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Accordingly, the award stands modified to the above

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extent and the present appeal is partly allowed.

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September 04, 2015 ( RITU BAHRI ) G Arora JUDGE

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GAURAV ARORA 2015.09.21 14:16 I attest to the accuracy and integrity of this document

Rakesh Kumar v. Mohan Dass and Ors.

Case brief

What is this about?

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Rakesh Kumar v. Mohan Dass and Ors.

Case brief

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