Judgment:
FAO-3179-2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3179-2011(O&M) (MACT case No.1 of 2010) Date of decision:
13. 5.2014 Zile Singh alias Dile Singh alias Raghbir Singh alias Ranvir ...Appellant Versus Krishan Lal and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Man Mohan, Advocate for the appellant Mr.V.Ramswaroop, Advocate for respondent No.3 **** Jitendra Chauhan, J.
1. The present appeal has been filed by the claimant- appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accidents Claims Tribunal, Kaithal (for short 'the Tribunal'), vide award dated 7.1.2011, on account of the injuries suffered by him in a motor vehicular accident.
2. Learned counsel for the appellant contends that the learned Tribunal erred in deducting the amount to the extent of 20% from the compensation, on account of contributory negligence. The appellant was pillion rider on the motorcycle alongwith two other riders. He submits that carrying more passengers does not amount to contributory negligence on the part of the pillion riders. The Shanker Gauri 2014.05.22 16:43 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-3179-2011(O&M) 2 appellant suffered permanent disability to the extent of 13% on account of shortening of leg by 3-4 inches. He also suffered compound fracture of left femur. He prays for the enhancement of the compensation.
3. On the other hand, the learned counsel appearing for the respondent- Insurance Company vehemently opposes the prayer of the appellant and submits that the compensation awarded by the learned Tribunal is just and adequate. Therefore, the present appeal deserves to be dismissed.
4. I have heard the learned counsel for the parties and perused the record carefully.
5. The learned Tribunal after analysing the evidence on record has rightly recorded the finding with regard contributory negligence. In the absence of any serious defect in the award in this context, this Court does not want to substitute a probable view already taken by the learned Tribunal with another possible view. The learned tribunal has rightly held that at the time of accident the claimants-appellants were indulging in triple riding and the accident took place on a turning, it being a triple ride must have caused certain implications leading to the accident. Therefore, the learned Tribunal has rightly held that it was a case of contributory negligence. The appellant suffered permanent disability to the extent of 13% on account of shortening of leg. As per the deposition Shanker Gauri 2014.05.22 16:43 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-3179-2011(O&M) 3 of PW5 Dr.SK Jain, the wound was having discharging sinus with interlocking nail in situ and there was mild restriction of movement at the knee joint. He suffered compound fracture of left femur. The appellant is a mason. Due to the injuries, he must have remained bed ridden at least for six months, therefore, a sum of Rs.30,000/- is allowed towards loss of income. Keeping in view the nature of injuries and the disability suffered by the appellant, the amount awarded towards pain and suffering including special diet appears to be inadequate and therefore, another enhancement of Rs.25,000/- under this head would meet the ends of justice. As no amount has been awarded towards attendant and transportation charges, Rs.10,000/- is allowed under the said head.
6. Accordingly, the enhanced amount i.e. Rs.52,000/- (65,000 – 20% deduction with regard to contributory negligence as held by the Tribunal) shall be paid to the claimant-appellant, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 8% per annum from the date of the filing of the appeal till its realisation.
7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. 13.5.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.05.22 16:43 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-3179-2011(O&M) 4 Shanker Gauri 2014.05.22 16:43 I attest to the accuracy and integrity of this document High Court Chandigarh