Jammu & Kashmir High Court
Mohd. Qasim vs Union Of India Through Secretary on 28 February, 2024
Author: Puneet Gupta
Bench: Puneet Gupta
Sr. No. 09
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Pronounced on : 28.02.2024
Case: Mac App No.116/2022
Mohd. Qasim, Age 59 years,
S/o Mohd. Abdullah,
R/o Village Mari Reasi,
At present H.No. 154, Bye Pass Channi,
Gujjar Colony, Jammu ..... Appellant(s)
Through :- Mr. G. S. Thakur, Advocate
Vs
1. Union of India through Secretary
Ministry of Defence New Delhi.
2. Commanding Officer,
61 RR Talwara C/o 56 APO. .....Respondent(s)
Through :- Mr. Vishal Sharma, DSGI with
Mr. Sumant Sudan, Advocate
CORAM:
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
JUDGMENT
28.02.2024
01. The Motor Accidents Claims Tribunal, Jammu, has awarded amount to the
tune of Rs.4,34,000/- along interest at the rate of 7.5% per annum in favour
of the appellant from the date of filing of the petition till realization of the
awarded amount. The appellant has filed an appeal for enhancement of
compensation awarded by the Tribunal. The respondent appeared and
contested the appeal.
02. The scanned record of the Tribunal is before the Court.
03. The appellant has suffered disability in the accident which took place on
01.12.2015 and the respondents are liable to pay the compensation is not in
dispute.
04. The court is only required to adjudicate as to whether compensation granted
by the learned Tribunal is required to be enhanced as pleaded by the
appellant. The appellant at the time of accident was 55 years of age and
was a Girdawar in the Revenue Department. The appellant has not incurred
any disqualification in service on account of the accident and the same is
not in dispute. The Tribunal has not awarded any compensation on account
of loss of earning in favour of the appellant. The appellant as per the
medical evidence on record has suffered 35% permanent disability.
05. The perusal of the award reveals that the appellant has been held entitled to
the expenses incurred on account of treatment and medicines and has
awarded Rs.4,13,660/- on the basis of documents available on record. The
appellant has also been awarded Rs.l.00 lacs as compensation on account of
transportation charges including attendant charges, special diet etc. The
Tribunal has also awarded Rs.35,000/- each for loss of amenities and pain
and suffering. The court is of the view that the appellant deserves more
than what has been awarded by the Tribunal.
06. The Tribunal has held respondent No.2 liable to make payment to the
appellant. The respondent No.2 has not preferred any appeal against the
award passed by the Tribunal. In the light of the aforesaid fact, the findings
of the Tribunal with regard to the issue regarding the accident having taken
place due to rash and negligent driving of driver of respondent No.2 need
not be gone into by the Court in the appeal.
07. The appellant being Government employee does not mean that he may not
incur some disadvantage during the rest of his life. As per the medical
record and statement of Doctor Vinit Gupta, Consultant Orthopedics who
had also issued the certificate, the injury suffered by the appellant is
fracture both bones right leg with compartment syndrome, multiple foot
fracture, fracture right ulna for which he has undergone four operations and
has suffered permanent disability of 35%. The permanent disability
suffered by the appellant is 35% cannot be disputed. It is evident that the
appellant has suffered disability in right arm as well as multiple fractures in
foot. The Court does not find infirmity in finding recorded by the Tribunal
on this aspect.
08. The argument of learned counsel for the appellant is that the court should
enhance amount on account of other heads in which he has been granted
compensation by the Tribunal. The Tribunal has not adequately
compensated the appellant under different heads as mentioned in the award
is the plea of the appellant.
09. The medical evidence reveals that the appellant will have some difficulty in
performing daily routine activities as such he cannot sit or squat properly.
The problems can increase with the passage of time keeping in view the age
of the appellant. Keeping in view the fact that the appellant can face further
medical problems in future the appellant will be entitled to future medical
expenses. Keeping in view the nature of injury suffered by the appellant, the
amount of Rs.2 lacs is awarded for the same. The Tribunal has awarded
Rs.35000/- each on account of pain and suffering and for loss of amenities.
The Tribunal has awarded the amount which is definitely on a lower side.
The amount is required to be enhanced keeping in view the injury suffered
by the appellant and his age which was 54 years when the accident took
place in December 2015. The appellant is held entitled to Rs.1.50 lac under
the heading 'pain and suffering and loss of amenities of life'. Thus, the
appellant is held entitled to Rs. 8,63,660/- rounded to Rs.8,64,000/-
(Rs.4,13,660/- + Rs.2,00,000/- + Rs.1,50,000/- + Rs.1,00,000/-) as
compensation from the respondent No.2.
10. Thus, the appellant is held entitled to compensation of Rs.8,64,000/- along
with the interest @ 7.5 % per annum from the date of filing of the claim
petition till realization of the amount to be paid by the respondent No.2.
11. The appeal is allowed and award is modified on the aforesaid terms.
(PUNEET GUPTA)
JUDGE
JAMMU
28.02.2024
Shammi
Whether the Judgment is speaking: Yes/No
Whether the Judgment is reportable: Yes/No
