Judgment:
FAO No.3082 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3082 of 2011 (O&M) Date of decision:22.01.2014 Jeona ...Appellant versus Prem Singh and others ...Respondents CORAM: HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.V.D.Sharma, Advocate for the appellant.
Mr.Rajneesh Malhotra, Advocate for respondent No.3.
***** 1.
Whether Reporters of local papers may be allowed to see the judgment?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the digest?.
Anita Chaudhry, J.(Oral) This appeal has been preferred by the appellant seeking enhancement of compensation awarded to him by the Motor Accident Claims Tribunal, Jind vide its award dated 12.11.2010.
Jeona had suffered injuries in an accident, which took place on 03.01.2009.
He was awarded Rs.1,20,000/- as compensation for the injuries suffered by him.
The claimant did not suffer any disability.
The claimant had submitted bills of Rs.1,08,309/- towards his treatment.
The Tribunal awarded Rs.1 lac only for the amount spent on the treatment but failed to disclose why a sum of Rs.8,309/- was deducted.
No reason was recorded.
The claimant was also awarded Rs.20,000/- for pain and suffering, attendant, special diet and transportation.
The only argument made on behalf of the claimant is that Bura Sonia 2014.01.24 16:27 I attest to the accuracy and integrity of this document chandigarh FAO No.3082 of 2011 -2- the bills to the tune of Rs.1,08,309/- had been submitted but the claimant was awarded Rs.1 lac and no reason was given as to why this amount was declined.
The second submission is that the claimant is the resident of Narwana and he had taken treatment in three hospitals situated at different places as he had suffered injuries on the head and was taken to V.K.Neuro Hospital, Hisar and has stayed in the hospital for a period of 13 days and the amount awarded for the pain and suffering and transportation should be enhanced.
The Tribunal had failed to record any reasons for making a deduction of Rs.8,309/- from the bills.
There was no reason for making any deduction, therefore, the same have to be allowed.
I also find that the amount awarded on the other heads are modest and it needs to be increased, therefore, Rs.25,000/- is allowed for pain and suffering and transportation.
The total increase would come to Rs.33,309/-.
The claimant would also be entitled to interest at the same rate awarded by the Tribunal from the date of filing of claim petition till its realisation.
The award stands modified.
The appeal is allowed on the above terMs.(Anita Chaudhry) Judge 22.01.2014 sonia Bura Sonia 2014.01.24 16:27 I attest to the accuracy and integrity of this document chandigarh