Present: Mr.Balwinder Singh Advocate for Vs. Amar Kumar Chaudhary ...Appellant - Court Judgment

SooperKanoon Citationsooperkanoon.com/1132447
CourtPunjab and Haryana High Court
Decided OnFeb-12-2014
AppellantPresent: Mr.Balwinder Singh Advocate for
RespondentAmar Kumar Chaudhary ...Appellant
Excerpt:
hemlata in the high court of punjab and haryana at201403.11 14:35 i attest to the accuracy and chandigarh integrity of this document fao no.743 of 2013 (o&m) in mact case no.16 of 28.08.2008/27.01.2009 date of decision:12. 02.2014 amar kumar chaudhary ...appellant versus veera ram and others ...respondents coram: hon'ble mr.justice jitendra chauhan present: mr.balwinder singh, advocate for mr.s.m.wadhera, advocate for the appellants. mr.shivroop singh, advocate for mr.gaurav sharma, advocate for respondent no.1. mr.rajneesh malhotra, advocate for respondent no.4-insurance company. **** jatindra chauhan,j.1. the present appeal has been preferred by the claimant-appellant, seeking enhancement of the compensation awarded vide impugned award dated 14.08.2012, passed by the learned motor accident claims tribunal, sri muktsar sahib (for short 'the tribunal'), on account of the injuries suffered by him in a motor vehicular accident.2. learned counsel for the appellant contends that the appellant was 65 years of age at the time of the accident. he suffered fracture on his left leg, thigh and wrist of right hand. he was operated twice. the tribunal awarded `10,000/- on account of pain and suffering and `10,000/- as transportation charges, which is inadequate. he prays that the same may be enhanced.3. on the other hand, the learned counsel for the respondent -insurance company submits that the compensation awarded by the learned tribunal is just and adequate. therefore, the present appeal deserves to be hemlata fao no.743 of 2013 (o&m) -2- 2014.03.11 14:35 i attest to the accuracy and integrity of this document dismissed.4. i have heard the learned counsel for the parties and perused the record carefully.5. from the perusal of record, it reveals that the appellant suffered grievous injuries in a motor vehicular accident. he suffered fracture on his left leg, thigh and wrist of right hand. he was operated twice. the appellant was admitted in hospital twice. on first occasion, he remained admitted in the fortis hospital for five days and as he was required to be operated, he was again admitted in the hospital on 03.05.2007 and remained hospitalized for another four days. thereafter, the claimant remained confined to bed for months and spent more money on his treatment. the amount paid by the learned tribunal under the head of pain and suffering is inadequate.6. in view of the above, the amount awarded under the head of “pain and suffering”. is further enhanced to `25,000/- and `.5,000/- towards transportation charges.7. accordingly, the enhanced amount of `30,000/- shall be paid to the claimant-appellant, in the manner in the impugned award, 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 @ 7.5% per annum from the date of the filing of the appeal till its realization.7. in view of the above, the present appeal is partly allowed and the impugned award is modified to the above extent. (jitendra chauhan) judge1202.2014 hemlata
Judgment:

Hemlata IN THE HIGH COURT OF PUNJAB AND HARYANA AT201403.11 14:35 I attest to the accuracy and CHANDIGARH integrity of this document FAO No.743 of 2013 (O&M) In MACT Case No.16 of 28.08.2008/27.01.2009 Date of decision:

12. 02.2014 Amar Kumar Chaudhary ...Appellant Versus Veera Ram and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Balwinder Singh, Advocate for Mr.S.M.Wadhera, Advocate for the appellants. Mr.Shivroop Singh, Advocate for Mr.Gaurav Sharma, Advocate for respondent No.1. Mr.Rajneesh Malhotra, Advocate for respondent No.4-Insurance Company. **** JATINDRA CHAUHAN,J.

1. The present appeal has been preferred by the claimant-appellant, seeking enhancement of the compensation awarded vide impugned award dated 14.08.2012, passed by the learned Motor Accident Claims Tribunal, Sri Muktsar Sahib (for short 'the Tribunal'), on account of the injuries suffered by him in a motor vehicular accident.

2. Learned counsel for the appellant contends that the appellant was 65 years of age at the time of the accident. He suffered fracture on his left leg, thigh and wrist of right hand. He was operated twice. The Tribunal awarded `10,000/- on account of pain and suffering and `10,000/- as transportation charges, which is inadequate. He prays that the same may be enhanced.

3. On the other hand, the learned counsel for the respondent -Insurance Company submits that the compensation awarded by the learned Tribunal is just and adequate. Therefore, the present appeal deserves to be Hemlata FAO No.743 of 2013 (O&M) -2- 2014.03.11 14:35 I attest to the accuracy and integrity of this document dismissed.

4. I have heard the learned counsel for the parties and perused the record carefully.

5. From the perusal of record, it reveals that the appellant suffered grievous injuries in a motor vehicular accident. He suffered fracture on his left leg, thigh and wrist of right hand. He was operated twice. The appellant was admitted in hospital twice. On first occasion, he remained admitted in the Fortis Hospital for five days and as he was required to be operated, he was again admitted in the Hospital on 03.05.2007 and remained hospitalized for another four days. Thereafter, the claimant remained confined to bed for months and spent more money on his treatment. The amount paid by the learned Tribunal under the head of pain and suffering is inadequate.

6. In view of the above, the amount awarded under the head of “pain and suffering”. is further enhanced to `25,000/- and `.5,000/- towards transportation charges.

7. Accordingly, the enhanced amount of `30,000/- shall be paid to the claimant-appellant, in the manner in the impugned award, 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 @ 7.5% per annum from the date of the filing of the appeal till its realization.

7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. (JITENDRA CHAUHAN) JUDGE1202.2014 hemlata