Present: Mr. Jitender Shekhawat Advocate Vs. Chander Shekhar Dharni and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153063
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. Jitender Shekhawat Advocate
RespondentChander Shekhar Dharni and Others
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.1278 of 2000 (o&m) date of decision:30.06.2014 smt. kamlesh rani ..appellant versus chander shekhar dharni and others ...respondents coram: hon’ble mr.justice k. kannan ---- present: mr.jitender shekhawat, advocate, for mr.n.s.shekhawat, advocate, for the appellant. mr.r.c.kapoor, advocate, for the insurance company. ---- k.kannan, j. the appeal is for enhancement of claim for compensation for injuries suffered by the claimant, aged 32 years.in an accident that took on 09.02.1997. the claimant was a government teacher and the tribunal assessed compensation of `1,25,000/-. the doctor, who was examined as pw3, gave evidence to the effect that the claimant had been admitted with fracture of pelvis with blunt injury on abdomen. she was discharged after a treatment period of 16 days. it was brought in evidence that she had remained on leave w.e.f.01.06.1997 to 10.03.1998 and from 13.02.1999 to 09.04.1999 without pay. her total pay including all kumar sanjeev 2014.06.30 15:36 i attest to the accuracy and integrity of this document fao no.1278 of 2000 (o&m) -2- allowances was `4,940/- and later revised to `5,125/-. pw7 gave evidence to the effect that she remained on leave for 339 days. in the cross-examination, he stated that he could not tell the reason for her leave as in the register brought by him, there was no reference about the fact that she had been on leave without pay. it was also stated by him that she remained on earned leave w.e.f.11.03.1998 to 12.02.1999 and during that period, she was drawing full salary. the medical bills brought on record through exs.p1 to p39 showed that she had incurred `48,650.80 on her treatment. the tribunal had made an observation to the fact that there had been some more bills which were filed but they had been not proved. i do not have any details about the bills which were not included in reckoning and the counsel for the appellant has made no attempt in the grounds of appeal to urge that there were other materials brought that could show the expenses to `3 lakhs as contended by him. i would merely provide for an additional amount of `25,000/- towards medical expenses for the prolonged treatment that the petitioner had and some of the bills which were said to have been kept out of reckoning by the tribunal for want of alleged proof, no further proof is necessary than the provision of strict rule as having been applied by the tribunal. the tribunal had awarded `40,000/- towards loss of pay for 339 days. she was on earned leave w.e.f.11.03.1998 to 12.02.1999 and pw7 himself could not vouch for the fact that she kumar sanjeev 2014.06.30 15:36 i attest to the accuracy and integrity of this document fao no.1278 of 2000 (o&m) -3- had been on leave without pay. if the tribunal was therefore awarding `40,000/- as loss of pay, i take it as a substantial justice as having been done by the tribunal. the tribunal had awarded `35,000/- towards pain and suffering, special diet and transportation charges, which also i think is in accordance with the nature of evidence as tendered before it. i increase the compensation by another rs.25,000 towards medical expenses with interest at 7.5% from the date of petition till date of payment. the liability shall be as determined already. the award is modified and the appeal is allowed to the above extent. (k.kannan) judge3006.2014 sanjeev kumar sanjeev 2014.06.30 15:36 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1278 of 2000 (O&M) Date of decision:30.06.2014 Smt.

Kamlesh Rani ..Appellant versus Chander Shekhar Dharni and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.

KANNAN ---- Present: Mr.Jitender Shekhawat, Advocate, for Mr.N.S.Shekhawat, Advocate, for the appellant.

Mr.R.C.Kapoor, Advocate, for the Insurance Company.

---- K.Kannan, J.

The appeal is for enhancement of claim for compensation for injuries suffered by the claimant, aged 32 yeaRs.in an accident that took on 09.02.1997.

The claimant was a government teacher and the Tribunal assessed compensation of `1,25,000/-.

The doctor, who was examined as PW3, gave evidence to the effect that the claimant had been admitted with fracture of pelvis with blunt injury on abdomen.

She was discharged after a treatment period of 16 days.

It was brought in evidence that she had remained on leave w.e.f.01.06.1997 to 10.03.1998 and from 13.02.1999 to 09.04.1999 without pay.

Her total pay including all Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.1278 of 2000 (O&M) -2- allowances was `4,940/- and later revised to `5,125/-.

PW7 gave evidence to the effect that she remained on leave for 339 days.

In the cross-examination, he stated that he could not tell the reason for her leave as in the register brought by him, there was no reference about the fact that she had been on leave without pay.

It was also stated by him that she remained on earned leave w.e.f.11.03.1998 to 12.02.1999 and during that period, she was drawing full salary.

The medical bills brought on record through Exs.P1 to P39 showed that she had incurred `48,650.80 on her treatment.

The Tribunal had made an observation to the fact that there had been some more bills which were filed but they had been not proved.

I do not have any details about the bills which were not included in reckoning and the counsel for the appellant has made no attempt in the grounds of appeal to urge that there were other materials brought that could show the expenses to `3 lakhs as contended by him.

I would merely provide for an additional amount of `25,000/- towards medical expenses for the prolonged treatment that the petitioner had and some of the bills which were said to have been kept out of reckoning by the Tribunal for want of alleged proof, no further proof is necessary than the provision of strict rule as having been applied by the Tribunal.

The Tribunal had awarded `40,000/- towards loss of pay for 339 days.

She was on earned leave w.e.f.11.03.1998 to 12.02.1999 and PW7 himself could not vouch for the fact that she Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.1278 of 2000 (O&M) -3- had been on leave without pay.

If the Tribunal was therefore awarding `40,000/- as loss of pay, I take it as a substantial justice as having been done by the Tribunal.

The Tribunal had awarded `35,000/- towards pain and suffering, special diet and transportation charges, which also I think is in accordance with the nature of evidence as tendered before it.

I increase the compensation by another Rs.25,000 towards medical expenses with interest at 7.5% from the date of petition till date of payment.

The liability shall be as determined already.

The award is modified and the appeal is allowed to the above extent.

(K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document