Disposed

Vinod Kumar v. Ashok Rishi and Others

Punjab & Haryana HC3 Oct 2024FAO/515/1997

Case brief

AI extract

What is this about?

Appeal against MACT award granting Rs.24,000 to a minor injured in a three-vehicle accident. Court enhanced compensation, adding amounts for attendant charges, special diet, future treatment and loss of study, and enhancing pain and suffering to Rs.80,000, with 15% interest.

What did the court decide?

Award modified; enhanced compensation under multiple heads with 15% interest from filing of claim petition till realization, set-off of amounts already paid.

Vinod Kumar Vs Ashok Rishi and Others — Motor Accident Claims | Punjab & Haryana HC (2024)

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FAO No.515 of 1997 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.515 of 1997 (O&M) Date of decision : 03.10.2024

Vinod Kumar

....Appellant

Versus

Ashok Rishi and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

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Present : None for the appellant.

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Mr. Suvir Dewan, Advocate for respondent No.4.

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PANKAJ JAIN, J. (ORAL)

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Appellant is in appeal seeking modification of the award dated 22^nd of August, 1996 passed by MACT (IV), Faridabad.

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Appellant Vinod suffered injuries in a motor-vehicular accident involving three vehicles i.e. scooter, maruti car and a truck.

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Vinod Kumar who was minor at the time of accident suffered permanent injury and has been rendered disabled as he cannot walk properly. While deciding issue of rashness and negligence, Tribunal held both the appellant party as well as the respondents equally liable for negligence. It also held respondent No.3 owner of the truck liable. There is no serious dispute being raised qua findings on Issue No.1. However, the appellant is aggrieved of a meagre compensation of Rs.24,000/- awarded to him.

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Deepak Kumar 2024.10.29 18:20 I attest to the accuracy and integrity of this document

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FAO No.515 of 1997 (O&M)

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Appellant was a student of Class X at the time of accident. Being hospitalized on account of injuries suffered by him he lost an year of education and could not appear in matric examination. He appeared as PW10. His father appeared as PW-12. Injuries were proved by Dr. K.D. Soni PW-11 who treated him. Vinod Kumar was admitted on 6^th of June, 1992 with fracture of right femur and fracture on both bones of right leg for which he was operated on 7^th of June, 1992 and was finally discharged on 29^th of September, 1992. Bill of Rs.10,913/- was proved. Total medical expenses of Rs.12,463/- were proved on record that also stand pegged down to 1/3^rd holding respondent No.1 to pay 1/3^rd share.

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Tribunal has awarded lump sum amount of Rs.24,000/- which needs to be modified. Medical expenses proved on record are of Rs.12,463/-. Injured remained hospitalized for almost 4 months. Nothing has been awarded under the heads of special died, attendant charges, pain & suffering and loss of study.

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Resultantly, Appellant Vinod Kumar is held entitled for Rs.30,000/- on account of attendant charges. Rs.10,000/- for special diet. Rs.20,000/- for future treatment. Rs.25,000/- for loss of 1 year and the amount of Rs.12,500/- awarded for pain and suffering is enhanced to Rs.80,000/-.

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As a sequel of the aforesaid discussion, the instant appeal is disposed off. The award passed by the Tribunal stands modified to the

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Deepak Kumar 2024.10.29 18:20 I attest to the accuracy and integrity of this document

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FAO No.515 of 1997 (O&M)

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extent as stated herein above. The appellant is held entitled to the compensation as per the modified award along with the interest to be calculated @ 15% per annum as awarded by the Tribunal, from the date of filing of the claim petition till its actual realization.

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Needless to say that any amount already paid to the appellant shall be set off.

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Pending application, if any, shall also stand disposed off.

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October 03, 2024		(P	ankaj Jain)
Dpr			Judge
Whether speaking/reasoned	:	Yes/No
Whether reportable	:	Yes/No

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Deepak Kumar 2024.10.29 18:20 I attest to the accuracy and integrity of this document

Vinod Kumar v. Ashok Rishi and Others

Case brief

What is this about?

What did the court decide?

Vinod Kumar v. Ashok Rishi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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