Fao No.3280 of 2012 (Oandm) Vs. Pappu and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126358
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantFao No.3280 of 2012 (Oandm)
RespondentPappu and Others
Excerpt:
fao no.3280 of 2012 (o&m) 1 in the high court of punjab and haryana at chandigarh fao no.3280 of 2012 (o&m) decided on : 11.02.2014 sojinder singh ..appellant versus pappu and others ..respondents coram : hon'ble mr.justice jitendra chauhan present : mr.vivek goyal,advocate for the appellant. mr.d.r.bansal, advocate for respondent no.3. jitendra chauhan, j. (oral) cm no.14298 cii of 2012 for the reasons mentioned in the application, cm is allowed. delay of 316 days in filing the present appeal is condoned. fao no.3280 of 2012 the present appeal has been filed by the injured claimant, seeking enhancement of the amount of compensation awarded by the learned motor accident claims tribunal, nuh, ('the tribunal', for brevity) vide award dated 16.02.2011, on account of the injuries sustained by him in a motor vehicular accident, which took place on 24.04.2008. learned counsel for the appellant contends that under the head namely loss of income, pain & suffering, attendant & transportation and sufficient diet are inadequate. it is proved on record that the appellant suffered two fractures and received grievous injuries as per medical record and remained hospitalized for 21 days w.e.f.24.04.2008 to 14.5.2008. the appellant is a labourer. on account of injuries, he must have remained in hospital and remained bed ridden at least for six months. therefore, the amount kumar sudhir s201402.13 10:33 i attest to the accuracy and integrity of this document chandigarh fao no.3280 of 2012 (o&m) 2 of rs.35,000/- on account of loss of earning, pain and suffering, are inadequate. accordingly, another amount of rs.25,000/- is allowed to the appellant. similarly, the amount of rs.3000/- awarded to the appellant towards sufficient diet, attendant, transport are also inadequate which is increased to rs.20,000/-. keeping in view the injuries suffered by the appellant, the enhanced amount be paid within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to interest as indicated in the award i.e.7.5% per annum, from the date of filing the present appeal, till its realization. with the aforesaid modification in the impugned award, the present appeal is partly allowed. [ jitendra chauhan ].judge 11.02.2014 sd kumar sudhir s201402.13 10:33 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.3280 of 2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3280 of 2012 (O&M) Decided on : 11.02.2014 Sojinder Singh ..Appellant Versus Pappu and others ..Respondents CORAM : HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present : Mr.Vivek Goyal,Advocate for the appellant.

Mr.D.R.Bansal, Advocate for respondent No.3.

Jitendra Chauhan, J.

(Oral) CM No.14298 CII of 2012 For the reasons mentioned in the application, CM is allowed.

Delay of 316 days in filing the present appeal is condoned.

FAO No.3280 of 2012 The present appeal has been filed by the injured claimant, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Nuh, ('the Tribunal', for brevity) vide award dated 16.02.2011, on account of the injuries sustained by him in a motor vehicular accident, which took place on 24.04.2008.

Learned counsel for the appellant contends that under the head namely loss of income, pain & suffering, attendant & transportation and sufficient diet are inadequate.

It is proved on record that the appellant suffered two fractures and received grievous injuries as per medical record and remained hospitalized for 21 days w.e.f.24.04.2008 to 14.5.2008.

The appellant is a labourer.

On account of injuries, he must have remained in hospital and remained bed ridden at least for six months.

Therefore, the amount Kumar Sudhir S201402.13 10:33 I attest to the accuracy and integrity of this document chandigarh FAO No.3280 of 2012 (O&M) 2 of Rs.35,000/- on account of loss of earning, pain and suffering, are inadequate.

Accordingly, another amount of Rs.25,000/- is allowed to the appellant.

Similarly, the amount of Rs.3000/- awarded to the appellant towards sufficient diet, attendant, transport are also inadequate which is increased to Rs.20,000/-.

Keeping in view the injuries suffered by the appellant, the enhanced amount be paid within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to interest as indicated in the award i.e.7.5% per annum, from the date of filing the present appeal, till its realization.

With the aforesaid modification in the impugned award, the present appeal is partly allowed.

[ Jitendra Chauhan ].Judge 11.02.2014 sd Kumar Sudhir S201402.13 10:33 I attest to the accuracy and integrity of this document chandigarh