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2012 DIGILAW 257 (PNJ)

Kuldeep Singh alias Nitu v. Jaibir Singh

2012-02-14

NAWAB SINGH

body2012
Mr. Nawab Singh, J.(Oral):- On November 19th, 1992 Kuldeep Singh alias Nituappellant along with Puran Singh and Chanan Singh was going on motor cycle No. PB-31-1942 from Fatehabad to Sirsa. Puran Singh was driving the motor cycle. On the way, they met with an accident with a Haryana Roadways Bus bearing No. HR-20-9884 driven by Jaibir Singh. FIR No.658 was registered in Police Station Fatehabad under Sections 304 etc. IPC against Jaibir Singh. Chanan Singh succumbed to his injuries. Kuldeep Singh received multiple injuries. Legal representatives of the deceased and Kuldeep Singh filed claim applications under Section 166 of the Motor Vehicle Act before the Motor Accident Claims Tribunal (for short “the Tribunal”), Hisar. 2. The Tribunal accepted the claim application filed by legal representatives of the deceased but dismissed the claim application filed by Kuldeep Singh on the short ground that he did not examine the Medical Officers. 3. Aggrieved of the Award dated December 7th, 1994 Kuldeep Singh as well as legal representatives of the deceased filed appeals before this Court bearing FAO No.414, 415 and 416 of 1995. FAO No.414 and 416 of 1995 were disposed of by the First Lok Adalat of this Court. FAO NO.415 of 1995 filed by Kuldeep Singh was also taken up by the Lok Adalat on September 24th, 2001. Vide order dated September 24th, 2001 the Lok Adalat awarded an amount of Rs.1,90,385/- along with interest at the rate of 12% per annum from the date of filing of claim application, that is, December 23rd, 1992 till payment was made and directed the State of Haryana and General Manager, Haryana Roadways, Hisar to make the payment. The Lok Adalat also held that in case of not consenting to the proposed order, any of the parties could file objections and registry was directed to put up matter before the Bench for disposal on merits according to law. 4. It may be stated at the outset, as pointed out by learned counsel for the parties, that the amount calculated comes to Rs.1,85,885/- as awarded by the Lok Adalat whereas on account of typographical mistake, it is mentioned as Rs.1,90,385/- so, this Court takes that the amount of compensation awarded was Rs.1,85,885/-. For ready reference the order passed by the Lok Adalat is reproduced as under:- “We have gone through the original records received from the Tribunal. For ready reference the order passed by the Lok Adalat is reproduced as under:- “We have gone through the original records received from the Tribunal. We have also heard counsel for the parties. Before we refer to the merits of the case, it is to be observed that Kuldeep Singh suffered injuries in the accident and his two companions, who were riders on the Motor cycle, died, Haryana Roadways bus No. HR20/9884 was involved in the accident. Compensation cases of the deceased have already been disposed of by the First Lok Adalat. To Kuldeep Singh no compensation was awarded by the Tribunal and hence, this appeal. The Tribunal did not grant compensation to the appellant because no doctor was produced to prove the injuries or the treatment given to him in the hospital. Kuldeep Singh appeared as PW-3 and deposed about the injuries suffered in the accident and his hospitalization in CMC Hospital, Ludhiana. Thrice he was operated. He also referred to the expenses incurred in getting the treatment. His counsel tendered into evidence Mark-A history sheet mentioned by the hospital, Mark B, Permanent disability certificate opinion 19 per cent permanent disability and Exhibits P-16 to P-91 receipt of medical expenses. Total of these receipt as calculated by counsel for the appellant is stated to be Rs.128385/- No objection on behalf of the consenting respondents was raised when the aforesaid documents were brought on the record. It was not justified on the part of the Tribunal to decay the claim of Kuldeep Singh injured when strict rules of Civil Procedure were not applicable to the proceedings in MACT cases. The evidence produced was sufficient to grant compensation. Since driver of the Haryana Roadways bus No. HR-20/9884 was held to be responsible for causing the accident and no appeal has been filed by the Haryana State, finding of the Tribunal in that respect has to be accepted. The only question that remains for consideration is about the reasonable amount of compensation payable to Kuldeep Singh injured for the various injuries suffered in the accident. This Lok Adalat has been granting compensation on account of permanent disability at the rate of Rs.2000/- per percentage of disability. A sum of Rs.38000/- under this head is to be allowed to the appellant. Medical expenses as proved by documents Exhibits P-1 to P91 are also to be allowed as receipts have been produced. This Lok Adalat has been granting compensation on account of permanent disability at the rate of Rs.2000/- per percentage of disability. A sum of Rs.38000/- under this head is to be allowed to the appellant. Medical expenses as proved by documents Exhibits P-1 to P91 are also to be allowed as receipts have been produced. The total expenses covered by these receipts are Rs.128385/-. There was fracture of the right leg apart from other injuries suffered by Kuldeep Singh. Three operations were performed and his stay in the hospital, as stated by him, is for one month. We take it that that even after leaving the hospital, he required rest of at least two more months for resuming his normal duties. The appellant is also to be compensated on account of loss of income and attendant's charges for three months. The appellant is stated to be an agriculturist. Only a rough estimate regarding his income and charges of the attendant is to be applied. A sum of Rs.4500/- is allowed towards loss of income and a similar amount as attendant's expenses. Under the head special diet, we allow a sum of Rs.5000/-. On account of pain and suffering, we allow a sum of Rs.10000/-. Thus, total amount of compensation payable would be Rs.190385/-. On this amount of compensation, the appellant would get interest at the rate of 12% per annum from the date of filing of the claim petition i.e. December 23rd, 1992, till payment. Thus, while allowing the appeal, we grant compensation of Rs.190385/- along with interest. Two months is allowed to the respondents to make the payment. Copies of the order to be supplied to the counsel for the parties. The file of the case be returned to the Registry of the High Court for being put up before the Bench of High Court in case of filing of objections by any of the parties for not consenting to the proposed order and for disposal of the appeal on merits according to law.” 5. State of Haryana has filed objections stating that General Manager, Haryana Roadways, Hisar was not competent to settle the matter before the Lok Adalat because he could settle the matter only in the case in which the amount awarded was upto Rs.1,50,000/-. State of Haryana has filed objections stating that General Manager, Haryana Roadways, Hisar was not competent to settle the matter before the Lok Adalat because he could settle the matter only in the case in which the amount awarded was upto Rs.1,50,000/-. The objection is not sustainable in view of the fact that the order passed by the Lok Adalat was not on account of the consent given by the General Manager, Haryana Roadways rather the Lok Adalat passed the order after going through the evidence led by Kudeep Singh before the Tribunal. There is no need to repeat the facts because the same have been referred to by the Lok Adalat and in considered opinion of this Court, the Lok Adalat was perfectly justified in awarding the amount of Rs.1,85,885/- to Kuldeep Singhappellant with which this Court concurs. Accordingly, Award passed by the Tribunal is set-aside and Consequently, Kuldeep Singh injured is awarded an amount of Rs.1,85,885/- along with interest as awarded by the Lok Adalat except that since the objection raised by the Haryana Roadways remained pending before this Court for a period of 10 years and during this period, unfortunately, on account of accidental fire, the record was burnt, in considered opinion of this Court, it would be justified if the interest is paid on the amount of compensation from the date of filing of claim application till the passing of Award by the Lok Adalat of this Court. 6. The Government of Haryana and General Manager, Haryana Roadways, Hisar through State counsel are directed to deposit the amount within three months from today. In case of default, the interest shall be paid as awarded by the Lok Adalat.