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2014 DIGILAW 577 (PNJ)

Ram Kumar v. State of Haryana

2014-03-20

JITENDRA CHAUHAN

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JUDGMENT JITENDRA CHAUHAN, J. 1. The present appeal has been filed by the injured claimant, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal Karnal, ('the Tribunal', for brevity) vide award dated 07.01.1999. 2. The learned counsel contends that the appellant was Constable with the Haryana Police. He was 40 years of age at the time of the accident. He suffered compound fracture on the right leg and injury on the right foot. The disability has been assessed to the extent of 15% qua the limb. The amount of Rs.60,000/has been allowed under the head, medicines and treatment, loss of income, future loss of income, pain and suffering, etc., which is inadequate. 3. On the other hand, the learned State counsel has vehemently opposed the present appeal. He submits that the appellant is still in service and the disability suffered by him was temporary in nature. 4. I have heard the learned counsel for the parties and perused the record. 5. In the instant case, the injured appellant, was 40 years of age at the time of the accident. He suffered compound fracture on right leg along with injury on the right foot. He remained on leave for about two months, accordingly, he is granted Rs.15,000/under this head. The learned Tribunal has awarded Rs.5,000/towards pain and suffering, which is inadequate. Therefore, this Court feels that the ends of justice would be adequately met in case, the amount under this head is enhanced to Rs.30,000/. It is ordered accordingly. It is further noticed that nothing has been paid for attendant charges, transportation and special diet. Accordingly, an amount of Rs.5,000/each is awarded under all the above heads. The compensation awarded under all other heads seems just and reasonable. 6. In view of the above, the claimant appellant is held entitled to the enhanced compensation of Rs.55,000/, as indicated above, over and above the amount already awarded by the learned Tribunal, which shall be payable 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 interest @ 7.5% p.a., from the date of filing the present appeal, till its realization. 7. With the aforesaid modification in the impugned award, the present appeal is partly allowed.