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2014 DIGILAW 333 (PNJ)

Mohil @ Sahil v. Bhupinder

2014-02-11

JITENDRA CHAUHAN

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Judgment Jitendra Chauhan, J. 1. The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Bhiwani (for short 'the Tribunal'), vide award dated 25.7.2003, on account of the injuries suffered by him in a motor vehicular accident. The cross-objections have been filed by the Insurance Company. 2. Learned counsel for the appellant contends that the appellant suffered multiple injuries. He remained admitted in hospital for a long period. The accident occurred in District Bhiwani, from, where the injured were shifted to Delhi. The learned Tribunal awarded a lump sum amount of Rs.6,000/- as compensation, which is on the lower side. 3. On the other hand, the learned counsel for the Insurance Company submits just and appropriate compensation has been awarded. He prays for the dismissal of the appeal. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. It is not disputed that appellant was also involved in the accident and he suffered multiple injuries on account of the accident. He must have suffered agonising pain on account of the injuries. Keeping in view the tender age of the appellant and the injuries suffered by him, this Court feels that the compensation awarded by the learned Tribunal is on the lower side and therefore, another enhancement of Rs.25,000/- in lump sum, would meet the ends of justice. 6. Accordingly, the enhanced amount of Rs.25,000/- shall be paid to the claimant-appellant, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. 7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.