Mrs.Madhu Sardana Vs. Inderraj Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153955
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantMrs.Madhu Sardana
Respondentinderraj Singh and Others
Excerpt:
fao-4024-2013 1 in the high court of punjab and haryana at chandigarh fao-4024-2013 date of decision:1. 7.2014 mrs.madhu sardana ...appellant versus inderraj singh and others ...respondents coram: hon'ble mr.justice jitendra chauhan present: mr.vinod chaudhri, advocate for the appellant mr.ravinder arora, advocate for respondent no.3. **** jitendra chauhan, j.the present appeal has been filed by the claimant- appellant, seeking enhancement of the compensation awarded by the learned motor accidents claims tribunal, faridabad (in short 'the tribunal'), vide award dated 1.6.2013, on account of the injuries suffered by her in a motor vehicular accident.2. it is contended that the appellant suffered crush injuries on her left hand and multiple injuries all over the body, including fracture lower end of radius and had to undergo three surgeries. she remained admitted in hospital from 21.2.2009 to 22.2.2009. the appellant suffered disability to the extent of 34%. the compensation awarded by the learned tribunal is highly inadequate. he prays for shanker gauri 2014.07.03 18:07 i attest to the accuracy and integrity of this document high court chandigarh fao-4024-2013 2 enhancement of the same.3. on the other hand, the learned counsel appearing for the insurance company contends that just and appropriate compensation has been allowed by the learned tribunal. therefore, the present appeal deserves to be dismissed.4. i have heard the learned counsel for the parties and perused the case file.5. in his affidavit ex.pw1/a, pw1 dr. suresh arora, specifically stated that the appellant was admitted in his hospital on 21.2.2009 on account of crush injuries on left hand, wrist and forearm. she was operated upon on the same day and was discharged on 22.2.2009. movements of hand and her wrist joints are restricted and may be causing problem in day to day activities. she was advised follow up treatment. she suffered disability to the extent of 30% in relation to her old complaint of tendon repair left hand with contractive 4th web space left hand. keeping in view the nature of injuries, this court feels that she must have bed ridden for a long period and due to that she suffered a lot of trauma. thus, the amount awarded under pain and suffering is highly inadequate and another enhancement of rs.20,000/- would meet the ends of justice. the amount awarded under the head of disability is enhanced to rs.60,000/- (rs.2000/- per percent of disability x 30%). the learned tribunal has already awarded a sum of rs.50,000/- and thus, a sum shanker gauri 2014.07.03 18:07 i attest to the accuracy and integrity of this document high court chandigarh fao-4024-2013 3 of rs.10,000/- becomes payable under this head.6. accordingly, the enhanced amount i.e. rs.30,000/- 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. 1.7.2014 (jitendra chauhan) gsv judge shanker gauri 2014.07.03 18:07 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

FAO-4024-2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4024-2013 Date of decision:

1. 7.2014 Mrs.Madhu Sardana ...Appellant Versus Inderraj Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vinod Chaudhri, Advocate for the appellant Mr.Ravinder Arora, Advocate for respondent No.3. **** Jitendra Chauhan, J.

The present appeal has been filed by the claimant- appellant, seeking enhancement of the compensation awarded by the learned Motor Accidents Claims Tribunal, Faridabad (in short 'the Tribunal'), vide award dated 1.6.2013, on account of the injuries suffered by her in a motor vehicular accident.

2. It is contended that the appellant suffered crush injuries on her left hand and multiple injuries all over the body, including fracture lower end of radius and had to undergo three surgeries. She remained admitted in hospital from 21.2.2009 to 22.2.2009. The appellant suffered disability to the extent of 34%. The compensation awarded by the learned Tribunal is highly inadequate. He prays for Shanker Gauri 2014.07.03 18:07 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4024-2013 2 enhancement of the same.

3. On the other hand, the learned counsel appearing for the Insurance Company contends that just and appropriate compensation has been allowed by the learned Tribunal. Therefore, the present appeal deserves to be dismissed.

4. I have heard the learned counsel for the parties and perused the case file.

5. In his affidavit Ex.PW1/A, PW1 Dr. Suresh Arora, specifically stated that the appellant was admitted in his hospital on 21.2.2009 on account of crush injuries on left hand, wrist and forearm. She was operated upon on the same day and was discharged on 22.2.2009. Movements of hand and her wrist joints are restricted and may be causing problem in day to day activities. She was advised follow up treatment. She suffered disability to the extent of 30% in relation to her old complaint of tendon repair left hand with contractive 4th web space left hand. Keeping in view the nature of injuries, this Court feels that she must have bed ridden for a long period and due to that she suffered a lot of trauma. Thus, the amount awarded under pain and suffering is highly inadequate and another enhancement of Rs.20,000/- would meet the ends of justice. The amount awarded under the head of disability is enhanced to Rs.60,000/- (Rs.2000/- per percent of disability x 30%). The learned Tribunal has already awarded a sum of Rs.50,000/- and thus, a sum Shanker Gauri 2014.07.03 18:07 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4024-2013 3 of Rs.10,000/- becomes payable under this head.

6. Accordingly, the enhanced amount i.e. Rs.30,000/- 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. 1.7.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.07.03 18:07 I attest to the accuracy and integrity of this document High Court Chandigarh