His Naural Guardian And vs Sh. Rattan Lal Son Of Shri
2022 Latest Caselaw 3797 HP

           IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                     ON THE 25th DAY OF MAY, 2022




                                                         .

                               BEFORE

              HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





             FIRST APPEAL FROM ORDER (MVA) NO. 53 of 2013


     Between:-





     ANKUSH SHARMA (MINOR) SON
     OF   SHRI   RAMESH    SHARMA,
     RESIDENT OF BANGANA, TEHSIL
     BANGANA,     DISTRICT    UNA,
     HIMACHAL PRADESH THROUGH

     HIS NAURAL GUARDIAN AND
     FATHER SH. RAMESH SHARMA.

                                      ...APPELLANT/CLAIMANT

     (BY  SH.  T.    S.   CHAUHAN,
     ADVOCATE)



     AND




1.   SH. RATTAN LAL SON OF SHRI
     PREMA    RAM,   RESIDENT  OF
     VILALGE AND POST OFFICE DADA





     CHOWARI, TEHSIL GHUMARWIN,
     DISTRICT BILASPUR, HIMACHAL
     PRADESH (DRIVER OF VEHICLE





     NO. HP-32-1802)
2.   ST. SHAKUNTALA DEVI WIFE OF
     SHRI KARTAR SINGH, RESIDENT
     OF VILLAGE BARD, POST OFFICE
     SUNHANI, TEHSIL JHANDUTTA,
     DISTRICT BILASPUR, HIMACHAL
     PRADESH (OWNER OF VEHICLE
     NO. HP-23-1802)
3.   RELIANCE GENERAL INSURANCE
     COMPANY LIMITED, RELIANCE
     CENTRE,          19-WALCHAND
     HIRACHAND    MARG,   VALLARD
     ESTATE,   MUMBAI    400  001




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    THROUGH         ITS        MANAGING
    DIRECTOR.
                                                              ..RESPONDENTS




                                                                   .

    (SH.     VINOD     CHAUHAN,
    ADVOCATE    VICE SH.   VIKAS
    RATHORE,    ADVOCATE,    FOR
    RESPONDENTS NO. 1 AND 2





    SH.     JAGDISH   THAKUR,
    ADVOCATE, FOR RESPONDENT
    NO. 3).





    This appeal coming on for orders this day, the Court delivered
    the following:-

                                  JUDGMENT

Aggrieved by the inadequacy of the award passed by

the learned Tribunal below, the claimant has filed the instant

appeal.

2. The learned Tribunal below awarded the following

amount as compensation, which reads as under:-

Medical expenses and treatment 2,38,624.00

Travelling expenses 22,982.00 Special Diet 5,000.00 Attendant Charges 4,000.00

Pain and sufferings 50,000.00 Frustration, loss of amenities and 15,000.00 enjoyment of life Total 3,35,606.00

3. Even though no exception can be taken for the

amount awarded for medical expenses and treatment and

travelling expenses, however, I feel that the amount as awarded

against special diet - Rs.5,000/-, attendant charges - Rs.4,000/-,

pain and sufferings - Rs.50,000/- and frustration, loss of

.

amenities and enjoyment of life - Rs. 15,000/- is grossly

inadequate and at least an additional lump sum amount of

Rs.1,00,000/- ought to have been awarded.

4. Mr. Jagdish Thakur, learned Counsel for respondent

No. 3-Insurance Company fairly submits that the observations

made by this Court are acceptable to respondent No. 3-Insurance

Company and accordingly, respondent No. 3-Insurance Company,

would deposit this amount of Rs.1,00,000/- over and above the

compensation amount already awarded by the learned Tribunal

below within a period of four weeks from today.

5. The proposal is acceptable to the appellant also.

Consequently, the appeal is partly allowed and in addition to the

compensation already awarded by the learned Tribunal below,

the appellant shall now be entitled to a lump sum compensation

of Rs. 1,00,000/-.

6. The appeal stands disposed of in the aforesaid terms.

(Tarlok Singh Chauhan) Judge

25th May, 2022 (sanjeev)