Amarjit Singh v. Abohar-Bhawalpur Purasharthi Co-op Transport Society Abohar
2012-01-04
JITENDRA CHAUHAN
body2012
DigiLaw.ai
JUDGMENT Mr. Jitendra Chauhan, J.: - This is claimant’s appeal seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ferozepur (for short, ‘the learned Tribunal’) vide the impugned Award dated 01.04.2009. 2. Brief facts of the case in hand are that on 01.12.2002, the injured-appellant, Amarjit Singh along with Jiwan Singh and Chann Singh, was going to Jalalabad on a scooter from Village Mohan Ke Uttar. At around 11.00 a.m., when they reached in the area of Village Mahmu Joyian, a bus bearing registration No.PB- 30-A-9555, being driven by Gurtej Singh, respondent No.2, in a rash and negligent manner, came from the opposite side and hit against their scooter. As a result of the accident, Amarjit Singh, appellant herein, suffered multiple injuries whereas Chan Singh died at the spot. The injured appellant was removed to the Civil Hospital, Jalalabad, from where he was referred to the Civil Hospital, Muktsar. An FIR No.315 of 01.12.2001 was registered at Police Station Sadar Jalalabad. 3. In this background, two separate claim petitions were preferred by Amarjit Singh (MACT case No.9 of 2006) and Jiwan Singh (MACT case No.10 of 2006), and the same were decided by the learned Tribunal vide consolidated Award dated 01.04.2009. The present appeal preferred by Amarjit Singh, assails the findings recorded by the learned Tribunal qua MACT case No.9 of 2006, on the point of quantum. 4. I have heard the learned counsel for the parties and perused the record. 5. The claimant-appellant, Amarjit Singh, was 18 years of age at the time of the accident. He was unmarried. As per the disability certificate, Ex.PW, the extent of disability suffered by the injured is 10%. Therefore, the marriage prospects of the appellants must have been hampered. From the impugned Award, it is made out that the learned Tribunal has not awarded any compensation towards the head ‘loss of marriage prospects’. Keeping in view the age of the appellant, this Court feels that the ends of justice would be met in case an amount of Rs.25,000/- under the aforesaid head is granted. Ordered accordingly. 6. As per the record, the appellant remained hospitalized from 01.12.2002 to 28.12.2002, due to the injuries suffered by him in the accident and a surgery (K-nailing) was also performed upon him. Thereafter also, he must have remained bed-ridden for a considerable period.
Ordered accordingly. 6. As per the record, the appellant remained hospitalized from 01.12.2002 to 28.12.2002, due to the injuries suffered by him in the accident and a surgery (K-nailing) was also performed upon him. Thereafter also, he must have remained bed-ridden for a considerable period. Keeping in view the aforesaid facts, this Court feels that the amount of Rs.5,000/- granted towards pain and suffering (general damages) is on the lower side. Accordingly, another amount of Rs.25,000/- is awarded under the head ‘pain and suffering’ which would meed the ends of justice over and above the amount already granted by the learned Tribunal. The compensation awarded under the other heads seems just and appropriate. 7. Accordingly, the claimant-appellant is held entitled to the enhanced compensation of Rs.50,000/- which shall be paid to him within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. 8. With the above modification in the impugned Award, the present appeal is partly allowed. --------------