JUDGMENT : Mansoor Ahmad Mir, J. Subject matter of this appeal is judgment and award, dated 26th September, 2008, made by the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, H.P. (for short "the Tribunal") in M.A.C. No. 40 of 2006, titled as Bago Devi and others versus Sat Pal Saini and others, whereby compensation to the tune of 15,000/- with interest @ 9% per annum from the date of the filing of the claim petition till its realization came to be awarded in favour of the claimants and against the insurer (for short “the impugned award”). 2. The insurer, the owner-insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. The appellants-claimants have questioned the impugned award only on the ground of adequacy of compensation. 4. Learned counsel for the appellants-claimants argued that injured Prem Chand died after two years of the accident, thus, is a death case. Further stated that he has filed application for bringing on record the legal representatives of injured Prem Chand before the Tribunal, which were brought on record and there names figure in the impugned award also. 5. I have gone through the record. It is not the case of the claimants that injured Perm Chand has died because of the injuries sustained by him in the said accident. 6. It was the duty of the claimants to lay a motion for amendment of the claim petition and to file an amended claim petition for grant of compensation in lieu of the death of injured Prem Chand. They have not led any evidence to prove that the death of injured Prem Chand was related to the traffic accident, thus, the argument of the learned counsel for the appellants-claimants that injured Prem Chand died due to the accident is not tenable. 7. However, it appears that the amount awarded is too meagre for the following reasons: 8. Admittedly, injured Prem Chand sustained injuries in the accident, was admitted in hospital on 9th December, 2005 and came to be discharged on 16th December, 2005, as is also evident from the discharge slip (Mark-A). The copy of the MLC (Mark-B) contains the details of the injuries sustained by injured Prem Chand. 9.
Admittedly, injured Prem Chand sustained injuries in the accident, was admitted in hospital on 9th December, 2005 and came to be discharged on 16th December, 2005, as is also evident from the discharge slip (Mark-A). The copy of the MLC (Mark-B) contains the details of the injuries sustained by injured Prem Chand. 9. It is beaten law of the land that while assessing compensation in injury cases, guess work is to be made. 10. My this view is fortified by the judgments rendered by the Apex Court in the cases titled as R.D. Hattangadi versus M/s Pest Control (India) Pvt. Ltd. & others, reported in AIR 1995 SC 755 , Arvind Kumar Mishra versus New India Assurance Co. Ltd. & another, reported in 2010 AIR SCW 6085, Ramchandrappa versus The Manager, Royal Sundaram Aliance Insurance Company Limited, reported in 2011 AIR SCW 4787, and Kavita versus Deepak and others, reported in 2012 AIR SCW 4771. 11. This Court has also laid down the same principle in a series of cases. 12. Injured Prem Chand remained admitted in the hospital for eight days, has suffered pain and sufferings, was attended upon by an attendant and must have spent some amount for medicines and special diet, have not been taken into consideration by the Tribunal. 13. In the given circumstances, I deem it proper to award 35,000/- in lump sum in addition to the amount already awarded by the Tribunal in favour of the appellants-claimants. 14. The insurer is directed to deposit 35,000/- before the Registry within six weeks. In default, it shall carry interest @ 7.5% per annum from the date of the claim petition till its finalization. 15. On deposition, the awarded amount be released in favour of the claimants strictly as per the terms and conditions in the impugned award through payees' account cheque or by depositing the same in their respective bank accounts. 16. Viewed thus, the impugned award is modified and the appeal is disposed of, as indicated hereinabove. 17. Send down the record after placing copy of the judgment on Tribunal's file.