Punjab-Haryana High Court
Trilok vs Siya Ram And Ors on 10 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:049494
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
791 FAO-9927-2014 (O&M)
Date of Decision : 10.04.2024
TRILOK .... Appellant
VERSUS
SIYA RAM AND ORS .... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Dr. Anand Kumar Bishnoi, Advocate for the appellant.
Respondents No.1, 2 and 4 proceeded against ex parte
vide order dated 20.10.2015.
Service of respondent No.3 dispensed with
vide order dated 17.07.2017.
Mr. Suvir Dewan, Advocate for respondent No.5.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant-appellant
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, Palwal vide award dated 01.09.2014.
2. Since the facts, as recorded in the impugned award passed by
the Tribunal, are not in dispute, the same are not being reproduced herein for
the sake of brevity.
3. The Tribunal had awarded the following compensation :
Sr. No. Heads Compensation Awarded
1 On account of treatment expenses Rs.2,13,527/-
2 On account of loss of income Rs.15,000/-
3 On account of disability Rs.20,000/-
4 On account of pain and sufferings Rs.10,000/-
5 On account of transportation Rs.5,000/-
6 On account of special diet Rs.5,000/-
7 Total Compensation Rs.2,68,527/-
8 Interest 7.5% per annum
integrity of this judgment/order.
2024:PHHC:049494
791 FAO-9927-2014 (O&M) -2-
4. Learned counsel for the claimant-appellant would contend that
the claimant-appellant was a diploma holder and was running a mobile shop
and that due to the injuries suffered by him, the claimant-appellant was
unable to continue his business for a period of three months. It is further the
contention that the claimant-appellant had suffered multiple grievous
injuries on his right hand, right leg, stomach and right heel besides other
injuries on various parts of his body and that he remained admitted in the
hospital from 15.02.2012 to 04.03.2012 and was undergoing treatment.
Learned counsel would further contend that the amounts awarded on account
of disability, pain and sufferings, transportation and special diet are on the
lower side.
5. Per contra, the learned counsel for respondent No.5-Insurance
Company has vehemently argued that sufficient amount has already been
awarded as compensation in the present case and that there is no scope of
any enhancement. It is further contended that no permanent disability was
suffered by the claimant-appellant.
6. Heard.
7. In the present case Trilok, who appeared as PW-1, deposed that
he had suffered several injuries on his body in the accident and after the
accident he was taken to General Hospital, Palwal from where he was taken
to Guru Nanak Hospital, Palwal where he remained admitted from
15.02.2012 to 04.03.2012 and was undergoing treatment. Keeping in view
the injuries received, the amount awarded under the head pain and sufferings
is increased to Rs.1,00,000/- and the amount awarded towards disability
integrity of this judgment/order.
2024:PHHC:049494
791 FAO-9927-2014 (O&M) -3-
which was assessed as 10% is also increased to Rs.50,000/-. The amount
awarded by the Tribunal towards medical expenses and loss of income is
maintained. The amount awarded under the head transportation and special
diet is also on the lower side and accordingly the same are increased to
Rs.20,000/- each. Further, during the period the claimant-appellant remained
under treatment he would have required an attendant as well and hence the
claimant-appellant would also be entitled to attendant charges @ Rs.5,000/-
per month for 3 months.
8. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Medical expenses Rs.2,13,527/-
2 Loss of income Rs.15,000/-
3 Disability Rs.50,000/-
4 Pain and sufferings Rs.1,00,000/-
5 Transportation charges Rs.20,000/-
6 Special diet Rs.20,000/-
7 Attendant charges Rs.15,000/-
8 Total Compensation Rs.4,33,527/-
9. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 7.5% per annum from
the date of filing of the claim petition till the realization of the entire amount.
10. In view of the above discussion, the present appeal is allowed
and the award passed by the Tribunal is modified accordingly. Pending
applications, if any, also stand disposed off.
10.04.2024 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: Yes/No
integrity of this judgment/order.
