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2003 DIGILAW 279 (PNJ)

Chandgi Ram v. State of Haryana

2003-02-13

HARJIT SINGH BEDI

body2003
JUDGMENT H.S. Bedi, J. - On 13.5.1984, Chandgi Ram, the owner of Car No. DHC-802, was returning to village Nand Gaon alongwith his family members. As the car reached near Makrani turning, a Haryana Roadways bus being driven by Pyare Lal came from the opposite side and collided with the car. As a result of the accident, two children were killed and several persons, including Chandgi Ram, were injured. Several claim petitions were thereafter filed and were consolidated and were ultimately disposed of by the Motor Accident Claims Tribunal, Bhiwani vide its, award dated 19.12.1983 and compensation was awarded to the various claimants. In Claim petition No. 11 of 1984 filed by Chandgi Ram, the Tribunal while holding that Chandgi Ram had suffered grievous injuries on his person and had incurred an expense of Rs. 10,000/- on his treatment, awarded this sum and also a sum of Rs. 10,000/- as compensation for the damage caused to the car, making a total compensation of Rs. 20,000/-. 2. The present appeal has been filed by Chandgi Ram for the enhancement of the compensation. 3. The learned counsel for the parties have been heard and the evidence produced by the parties before the Tribunal considered. 4. The injuries suffered by Chandgi Ram are reproduced below :- 1. Lacerated wound of 3 cm. x 6 cm. size over left cheek, 5 cm. from the nose. Fresh bleeding was occurring. It was muscle deep. X-ray of face A.P. and lateral view was advised. 2. Lacerated wound of 2.5 cm. x .5 cm. size over the lower part of right cheek. It was 2 cm. lateral to the angle of mouth. Fresh bleeding was occurring. 3. Lacerated wound of 2 cm. x .6 cm size over right side of neck running transversely. It was 6 cm. below the ear. It was muscle deep. Fresh bleeding was occurring. 4. Movements were painful and restricted at both of hip joint. X- ray pelvis A.P. and lateral view was advised. 5. As per the evidence of Dr. Lochab (PW-1), Chandgi Ram had suffered a dislocation of the hip joint and dislocation of the first metacarpal phalangeal joint and had also suffered a fracture of the skull bone, temporal bone and also a fracture of the interior margains of the left orbit. X- ray pelvis A.P. and lateral view was advised. 5. As per the evidence of Dr. Lochab (PW-1), Chandgi Ram had suffered a dislocation of the hip joint and dislocation of the first metacarpal phalangeal joint and had also suffered a fracture of the skull bone, temporal bone and also a fracture of the interior margains of the left orbit. It has also come in the evidence of Chandgi Ram that he had remained admitted in the hospital for 15 days and had become incapacitated due to his injuries and that he had spent Rs. 5000/- on his treatment which was still continuing. I am, therefore, of the opinion that the sum of Rs. 10,000/- awarded on account of injuries, pain and suffering and loss of income is wholly inadequate. To my mind, a sum of Rs. 12,500/- in all would have been proper in the circumstances. 6. The compensation for the damage caused to the car must also be considered. HC Maya Ram (PW0-10) referring to the mechanics report, stated that the car had suffered damage to the steering wheel, the brake pedal, head lights, radiator, chassis, frame, both the mudguards, screen and front seat and that the car had become unserviceable. To my mind, a sum of Rs. 38,000/- sought as compensation on account of damage caused to the car is somewhat on the higher side while a sum of Rs. 10,000/- awarded by the Tribunal is also inadequate. This amount is accordingly increased to Rs. 15,000/-. The compensation awarded by the Tribunal is thus increased from Rs. 20,000/- to Rs. 27,500/-, which is rounded off to Rs. 28,000/-. The appellant would also be entitled to interest on the enhanced amount of compensation at the rate of 6% per annum from the date of filing of the claim petition till its realisation. The appeal is allowed in the above terms. The cross objections are dismissed. Appeal allowed.