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2014 DIGILAW 542 (PNJ)

Anil Gupta v. Shanti Parkash

2014-03-13

JITENDRA CHAUHAN

body2014
JUDGMENT Jitendra Chauhan, J. 1. The present appeal has been filed by the Claimant/appellant, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Sonepat (for short 'the Tribunal'), vide award dated 09.01.1999, on account of the injuries suffered by, him in a motor vehicular accident, which took place on 17.06.1996. Learned counsel for the appellant contends that the Appellant suffered 20% permanent disability on account of stiffness of the knee with shortening of the leg by two inches. The learned Tribunal has awarded only Rs. 25,000/- on account of permanent disability. However, learned counsel for the appellant further submits that the compensation awarded by the learned Tribunal under the heads of pain and suffering, loss of earning during his treatment is on the lower side and nothing has been awarded on account of loss of enjoyment of life. 2. On the other hand, the learned counsel for the respondent-Insurance Company contends that just and reasonable compensation has been awarded to the appellant. 3. I have heard the learned counsel for the parties and perused the record. 4. From the perusal of the record, the appellant suffered grievous injuries. As per the statement of Dr. S.S. Bhogal, PW-5 who has proved disability certificate (Ex. P-33), states that the appellant suffered 20% permanent disability on account of stiffness of the knee with shortening of leg by two inches. He remained admitted for a week and operated upon. He continued to visit the hospital for around three months as an O.P.D. Patient. He must have remained agonizing pain due to the injuries. Keeping in view the nature of injuries, this Court feels that the amount awarded under the head of permanent disability is enhanced to another Rs. 25,000/-. 5. Keeping in view the hospitalization and nature of injuries, this Court feels that the amount awarded towards pain and suffering and loss of income is inadequate and nothing has been awarded on account of loss of enjoyment of life and, therefore, another enhancement of amount of Rs.25,000/- on account of "pain and suffering" and Rs.10,000/- towards other miscellaneous heads would meet the ends of justice. 6. 6. Accordingly, the enhanced amount i.e. Rs.60,000/- shall be paid to the claimant-appellant, within 45 days from the date of the receipt of the certified copy of this judgment, failing which, the appellant shall also be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal, till its realization. In view of the above, the instant appeal is partly allowed with the modification in the impugned award. Appeal allowed.