Punjab-Haryana High Court
Om Parkash vs Balwinder Singh And Ors on 19 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO No.5813 of 2016 -1- 2024:PHHC:052935
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
246 FAO No.5813 of 2016 (O&M)
Date of Decision : 19.04.2024
Om Parkash ....Appellant
VERSUS
Balwinder Singh and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Parminder Singh, Advocate for the appellant.
Mr. Neeraj Khanna, Advocate for respondent Nos.2 and 3.
ALKA SARIN, J. (Oral)
CM-19911-CII-2016
1. This is an application under Section 5 of the Limitation Act for
condonation of delay of 2158 days in filing the present appeal.
2. For the reasons stated in the application, the same is allowed.
The delay of 2158 days in filing the present appeal is condoned. However,
no interest shall be payable for the period of delay.
3. The present appeal has been preferred by the claimant-appellant
for enhancement of the compensation granted by the Motor Accident Claims
Tribunal, Karnal (hereinafter referred to as 'the Tribunal') vide award dated
18.05.2010.
4. 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.
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5. In the present case the Tribunal had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Compensation of loss of income for 7½ Rs.1,01,994/-
months @ Rs.13,642/- per month
2 Surgery and Hospitalization charges Rs.62,690/-/-
3 Medical Bills Rs.29,784/-
4 Pain and mental agony Rs.5,000/-
5 Special diet Rs.10,000/-
Total Compensation Rs.2,09,468/-
Interest 6% per annum
6. Learned counsel for the claimant-appellant would contend that
the amounts awarded under the heads 'Pain and Suffering' and 'Special
Diet' are on the lower side. It is further the contention that the claimant-
appellant was working as a Conductor in the Haryana Roadways and due to
the accident he suffered multiple grievous injuries all over his body
including fracture and tear injury of skin over left upper leg and pelvic
region. He remained admitted in hospital from 01.03.2008 to 18.03.2008 and
again from 02.06.2008 to 04.06.2008 and had also remained on medical
leave for 7½ months. However, the Tribunal has not granted any amount
towards attendant charges. No other argument has been raised by learned
counsel for the claimant-appellant.
7. Learned counsel for respondent Nos.2 and 3 has contended that
sufficient amount of compensation has already been granted by the Tribunal
and there is no scope of any further enhancement.
8. Heard.
9. In the present case, the claimant-appellant was 56 years of age
at the time of accident and had suffered multiple and grievous injuries all
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FAO No.5813 of 2016 -3- 2024:PHHC:052935
over his body. He suffered a fracture and tear injury of skin over left upper
leg and pelvic region. The claimant-appellant remained admitted in hospital
from 01.03.2008 to 18.03.2008 and thereafter, from 02.06.2008 to
04.06.2008 and was also advised follow up treatment. The claimant-
appellant was working as Conductor in Haryana Roadways and remained on
medical leave w.e.f. 29.02.2008 to 06.10.2008. The claimant-appellant was
56 years of age at the time of accident and would have required the
assistance of an attendant. However, the Tribunal has not granted any
amount towards attendant charges. This Court deems it appropriate to grant
Rs.3,000/- per month for a period of 7 months (Rs.3000 x 7 = Rs.21,000)
towards attendant charges. The amounts awarded by the Tribunal towards
Pain and Suffering as well as Special Diet are also on the lower side and the
same are enhanced to Rs.50,000/- and Rs.20,000/- respectively under both
the heads.
10. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation
Awarded
1 Compensation of loss of income for 7 ½ Rs.1,01,994/-
months @ Rs.13,642/- per month as
awarded by the Tribunal
2 Surgery and Hospitalization charges as Rs.62,690/-
awarded by the Tribunal
3 Medical Bills as awarded by the Tribunal Rs.29,784/-
4 Pain and suffering Rs.50,000/-
5 Special diet Rs.20,000/-
6 Attendant charges for 07 months @ Rs.21,000/-
Rs.3,000/- per month
Total Compensation Rs.2,85,468/-
Amount awarded by the Tribunal Rs.2,09,468/-
Enhanced amount Rs.76,000/-
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11. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 6% per annum from the
date of filing of the claim petition till the realization of the entire amount.
However, the claimant-appellant shall not be entitled to any interest for the
period of delay in filing the appeal.
12. 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.
( ALKA SARIN )
19.04.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment
