Full Judgment
FAO No.150 o”
1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No.150 of 2010 Date of decision:19.11.2012 Sahiba ..Appellant versus Sukhdev and others ..Respondents CORAM: Hon'ble Mr.Justice Rajan Gupta Present: Ms.Harmanpreet Kaur, Advocate, Amicus Curiae, for the appellant.
Mr.R.B.S.Jain, Advocate, for respondent No.3..Rajan Gupta, J.
(Oral) This appeal is directed against the award passed by tribunal on the limited question of quantum of compensation.
Ms.Harmanpreet Kaur, Advocate, has put in appearance as amicus curiae on behalf of the appellant and submits that compensation granted on account of pain and suffering is on lower side.
According to her, injured, who was six years old child, suffered great trauma as would be evident from the deposition of Dr.Yogesh Jain, Consultant Surgeon, who appeared as PW1.
Besides compensation granted under usual heads is also on lower side.
Learned counsel appearing for insurance company opposes the plea.
He, however, agrees that serious injuries were suffered by the child.
I have heard learned counsel for the parties.
It appears that accident took place on 25.4.2008.
Claimant Sahiba accompanied her uncle to bus stop to board school van.
They were waiting on the side of road.
In the meantime, a vehicle Mahindra pick up FAO No.150 o”
2. being driven by Sukhdev came and struck Sahiba directly.
She fell down and received serious injuries.
Driver of offending vehicle fled from the spot.
FIR was also lodged.
Tribunal later came to the conclusion that accident had occurred due to rash and negligent driving by driver of offending vehicle.
During proceedings, Dr.Yogesh Jain, Consultant Surgeon, appeared before the tribunal and deposed that injured suffered fracture of right thigh with perennial and vaginal tear.
There was urethral injury.
Claimant was operated upon for repair of perineum vagina and urethra.
Close reduction of right femur fracture and fixation of pubic rami were done with plastic.
Child remained admitted in hospital for considerable period.
It is thus evident that great trauma was caused to six yeaRs.old injured girl.
I thus find that compensation granted on account of pain and suffering is on lower side.
Claimant would be entitled to another Rs.20,000/- on account of pain and suffering.
As she may have needed a regular attendant during the period of treatment, she would be entitled to another Rs.10,000/- under this head.
Compensation granted under usual heads such as nutritious diet, transportation etc.also appears to be on lower side.
Claimant would be entitled to another Rs.10,000/- on this account.
Total compensation is thus enhanced by another Rs.40,000/-.
Appeal is allowed to this extent.
Rest of award is maintained as such.
19.11.2012 (RAJAN GUPTA) pk JUDGE