Kabul Singh Vs Dalbir Singh and Ors.

Present appeal has been preferred by the injured appellantclaimant who had suffered injuries in motor vehicular accident dated 29.05.1998, on account of rash and negligent driving by respondent No.1 while driving Truck bearing registration No. HR-46-7662.

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Being aggrieved by the impugned award dated 04.01.2002, passed by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as ‘ Tribunal ’), vide which the appellant-claimant was found entitled to total compensation of Rs.26,500/-, the appellant-claimant is seeking enhancement of compensation awarded by the Tribunal as the same is not accordance with his entitlement.

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Since in present appeal the only issue raised by appellantsclaimants is as regards to quantum of compensation and there is no appeal or cross-objection preferred by respondents to challenge manner of accident, the detailed facts as regards to manner of accident are not being noticed for the

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sake of brevity.

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CHIRANJEEV SINGH 2026.07.08 18:04 I attest to the accuracy and integrity of this document

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FAO-2126-2002

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Leaned Tribunal had granted following compensation to injured

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appellant/claimant:-

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Pain and Sufferings	Rs.3,000/-
Loss of Income	Rs.2,000/-
Special Diet	Rs.2,000/-
Hospital charges and medical charges	Rs.9,500/-
Medicine charges	Rs.9,000/-
Total Compensation awarded	Rs.26,500/-

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Learned counsel for injured appellant-claimant has claimed that appellant-claimant had suffered injuries on his right leg, chest and other parts of his body. He remained admitted in the hospital of Dr. Vijay Gupta (PW-3), for about 25-26 days. That injured appellant- claimant had spent an amount of Rs.7,700/- and Rs.1,800/- vide Ex P1 and ExP2 respectively as doctor’s fees and other Hospital charges. Bills regarding purchase of medicines and x-ray charges were placed as Ex.P7 to P.56. That injured appellant-claimant remained under treatment for about 1½ months. Though appellant claimant had not suffered any permanent disability but during the period of treatment could not do any work, hence suffered loss of income.

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Enhancement of compensation under the heads pain and sufferings, special diet, transportation, attendant charges and medical expenses was sought. Compensation for loss of income during treatment has also been sought.

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On consideration of evidence on record specially MLR Ex.P-6 and evidence of doctor-Vijay Gupta (PW-3) it is clearly made out that the appellant-claimant had suffered grievous injuries, was operated upon and had CHIRANJEEV SINGH 2026.07.08 18:04 I attest to the accuracy and integrity of this document

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FAO-2126-2002 -3-

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remained admitted in Hospital for about 25/30 days. Bills Ex.P-1, Ex.P-2, Ex.P-7 to Ex.P-56 were duly taken into consideration and amount of Rs. 18,500/- was rightly granted as expenses on medical treatment. Keeping in view nature of injuries and period of hospitalization appellant-claimant is also entitled to compensation for expenses on attendant, special diet and transportation. Appellant-claimant is accordingly entitled to compensation of Rs.10,000/- under these heads. Accordingly, appellant-claimant is awarded compensation of Rs.28,500/- (18,500+10,000) for medical expenses, special diet, attendant charges and transportation. Amount granted for pain and sufferings also need to be enhanced in view of period of hospitalisation for about 25 days, accordingly, compensation for pain and sufferings is quantified as Rs.30,000/-. In absence of any cogent evidence proving vocation and income of injured appellant-claimant learned Tribunal has rightly taken income of appellant-claimant as Rs.2,000/- as per minimum wages prevalent at the time of accident. Therefore, appellant-claimant is entitled to Rs.4,000/(2,000X2) for loss of income during treatment as he would have taken at least 2 months to fully recover.

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Reworked compensation payable to injured appellant-claimant is as follows:

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Medical Expenses,	Rs.20,300/-	Rs.28,500/-
special diet, attendant	Tribunal)
charges and
transportation
Pain and Sufferings	Rs.3,000/- (by Tribunal)	Rs.30,000/-
Loss of income during	Rs.2,000x2/-	Rs.4,000/-

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CHIRANJEEV SI NGH 2026.07.08 18:04 I attest to the accuracy and integrity of this document

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-4-

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FAO-2126-2002

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treatment
Compensation awarded	Rs.26,500/-
by Tribunal
Compensation awarded		Rs.62,500/-
in appeal
Enhancement of	Rs.62,500/-(awarded in	Rs.36,000/-
compensation	appeal)-Rs.26,500/-
	(awarded by Tribunal)

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Appellant-claimant is, therefore, held entitled to enhanced compensation of Rs.36,000/- along with 7.5% interest on enhanced amount from date of filing of petition till realization. Apportionment and liability to pay compensation shall be as per award. Present appeal is accordingly allowed.

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Pending application(s), if any, stand disposed of.

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01.07.2026 (PARMOD GOYAL) Manoj JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No

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CHIRANJEEV SINGH 2026.07.08 18:04 I attest to the accuracy and integrity of this document

Kabul Singh v. Dalbir Singh and Ors.

Case brief

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Kabul Singh v. Dalbir Singh and Ors.

Case brief

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