CORAM : HON'BLE MR.JUSTiCE AJAY TEWARi Vs. Surinder Kumar and others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1130399
CourtPunjab and Haryana High Court
Decided OnFeb-17-2014
AppellantCORAM : HON'BLE MR.JUSTiCE AJAY TEWARi
RespondentSurinder Kumar and others
Excerpt:
fao no.4235 of 2004 (o&m) -1- in the high court of punjab and haryana at chandigarh f.a.o.no.4235 of 2004 (o&m) date of decision : 17.02.2014 harbilash .....appellant versus surinder kumar and others .....respondents coram : hon'ble mr.justice ajay tewari *** present : mr.balvinder singh brar, advocate for mr.a.s.brar, advocate for the appellant. mr.chander shekhar singal, advocate for respondents no.1 and 2. mr.neeraj khanna, advocate for the respondent no.3-insurance company. *** 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?. ajay tewari, j. (oral) this appeal has been filed by the claimant for the enhancement of compensation and to modify the award dated 06.03.2004 passed by the motor accident claims tribunal, kurukshetra awarding compensation of rs.17,000/- i.e.rs.15,000/- for death of his mare and rs.2,000/- for medical expenses. brief facts are that on 20.03.2002, the claimant’s mare was grazing near field of suraj bhan at about 12.00/1.00 p.m.the respondent sharma ashish 2014.03.03 11:49 i attest to the accuracy and integrity of this document chandigarh fao no.4235 of 2004 (o&m) -2- no.1 came there driving tractor bearing no.hr-07c/9422 rashly and negligently and took the tractor on wrong side of the road and hit the aforesaid mare. the mare received multiple injuries and fractures. the mare died after two months of the accident due to injuries. learned counsel for the appellant has argued that the tribunal has erred in not granting any amount for the foetus of seven months which the mare was pregnant with and for the medical expenses. i find that this is indeed so. the tribunal has assessed the price of the mare at rs.15000/-. in the circumstances, the price of the foetus could not be kept at less than rs.6000/-. ordered accordingly. further though the tribunal had awarded an amount of rs.2000/- for medical expenses yet it has to be increased by considering the fact that the mare had died after two months of the accident. in the circumstances, i award rs.4000/- more under this head. the enhanced amount shall be paid along with the same rate of interest as awarded by the tribunal from the date of filing of the claim petition till the date of realization. the appeal is disposed of in the above terms and the award is modified accordingly. since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of. ( ajay tewari ) february 17, 2014 judge ashish sharma ashish 2014.03.03 11:49 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.4235 of 2004 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.4235 of 2004 (O&M) Date of decision : 17.02.2014 Harbilash .....Appellant versus Surinder Kumar and others .....Respondents CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.Balvinder Singh Brar, Advocate for Mr.A.S.Brar, Advocate for the appellant.

Mr.Chander Shekhar Singal, Advocate for respondents No.1 and 2.

Mr.Neeraj Khanna, Advocate for the respondent No.3-insurance company.

*** 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?.

AJAY TEWARI, J.

(Oral) This appeal has been filed by the claimant for the enhancement of compensation and to modify the award dated 06.03.2004 passed by the Motor Accident Claims Tribunal, Kurukshetra awarding compensation of Rs.17,000/- i.e.Rs.15,000/- for death of his mare and Rs.2,000/- for medical expenses.

Brief facts are that on 20.03.2002, the claimant’s mare was grazing near field of Suraj Bhan at about 12.00/1.00 P.M.The respondent Sharma Ashish 2014.03.03 11:49 I attest to the accuracy and integrity of this document Chandigarh FAO No.4235 of 2004 (O&M) -2- No.1 came there driving tractor bearing No.HR-07C/9422 rashly and negligently and took the tractor on wrong side of the road and hit the aforesaid mare.

The mare received multiple injuries and fractures.

The mare died after two months of the accident due to injuries.

Learned counsel for the appellant has argued that the Tribunal has erred in not granting any amount for the foetus of seven months which the mare was pregnant with and for the medical expenses.

I find that this is indeed so.

The Tribunal has assessed the price of the mare at Rs.15000/-.

In the circumstances, the price of the foetus could not be kept at less than Rs.6000/-.

Ordered accordingly.

Further though the Tribunal had awarded an amount of Rs.2000/- for medical expenses yet it has to be increased by considering the fact that the mare had died after two months of the accident.

In the circumstances, I award Rs.4000/- more under this head.

The enhanced amount shall be paid along with the same rate of interest as awarded by the Tribunal from the date of filing of the claim petition till the date of realization.

The appeal is disposed of in the above terms and the award is modified accordingly.

Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.

( AJAY TEWARI ) February 17, 2014 JUDGE ashish Sharma Ashish 2014.03.03 11:49 I attest to the accuracy and integrity of this document Chandigarh