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2014 DIGILAW 646 (PNJ)

Ram Phal Lohat v. Vinod Singh

2014-03-27

JITENDRA CHAUHAN

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JUDGMENT JITENDRA CHAUHAN, J. The present appeal has been filed by the Claimant/appellant, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Panipat (for short 'the Tribunal'), vide award dated 31.07.1999, on account of the injuries sustained by him in a motor vehicular accident. Learned counsel for the appellant contends that the learned Tribunal has awarded only Rs.90,000/to the appellant on account of expenditure incurred by him on medicines, nutritious diet, disability of 15% and for pain and suffering, which are on the lower side. On the other hand, the learned counsel for the respondent Insurance Company contends that the amount of compensation awarded by the learned Tribunal is just and reasonable and does not call for any interference have heard the learned counsel for the parties and perused the record carefully. Learned counsel for the appellant refers to Ex.PW5/A, a copy of medico legal report and states that the appellant received the grievous injuries in the accident. He suffered bilateral fractures on superior and inferior rami and in the chest. There was a fracture of ndth th 2, 6 and 10 ribs. He was admitted in Civil hospital, Samalkha and then he was referred to Delhi and remained admitted in Batra Hospital since 29.05.1993 to 09.06.1993. He was operated upon twice in Batra Hospital and later on in the Civil Hospital, Panipat. He deposed that his right arm is still boneless and needs bone grafting again as advised by the Civil Hospital, Panipat. He remained bed ridden and had availed earned leave and medical leave without pay and total leave consumed by him was of 123 days. No amount has been paid for the leave period availed of by him. The appellant received a salary of `5,000/as Ex.PW5/C. He was posted as Head Clerk, Central School in N.F.L. Panipat. Due to the injuries, the appellant suffered 15% disability. Keeping in view the nature of injuries suffered by the claimant, this Court feels that the amount of 60,000/awarded by the learned Tribunal towards pain and suffering and loss of income are grossly inadequate and the same is accordingly increased to `50,000/more. Due to the injuries, the appellant suffered 15% disability. Keeping in view the nature of injuries suffered by the claimant, this Court feels that the amount of 60,000/awarded by the learned Tribunal towards pain and suffering and loss of income are grossly inadequate and the same is accordingly increased to `50,000/more. In view of the above, the claimant appellant is held entitled to the enhanced compensation of 50,000/over and above, the amount already awarded by the learned Tribunal, which shall be payable to the claimant appellant, within a period of 45 days from the date of the receipt of the certified copy of this judgement, failing which, the appellants shall also be entitled to get interest @ 7.5 % per annum from the date of the filing of the appeal, till its realization. With the aforesaid modification in the impugned award, the present appeal is partly allowed.