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2016 DIGILAW 190 (HP)

Kartar Singh v. Vidya Devi

2016-03-04

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, Chief Justice (oral) 1. This appeal is directed against the award, dated 27th March, 2009, passed by the Motor Accident Claims Tribunal (II), Shimla, H.P., (for short, “the Tribunal”) in MAC Petition No.41-S/2 of 2006, titled Kartar Singh vs. Smt. Vidya Devi & others, whereby a sum of Rs.25,000/- alongwith interest at the rate of 9% per annum came to be awarded as compensation in favour of the claimant and the insurer was saddled with the liability (for short the “impugned award”). 2. The insurer, the driver and the owner have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them. 3. The claimant has questioned the impugned award on the ground of adequacy of compensation. On the face of it, the compensation awarded is too meager for the following reasons. 4. Admittedly, the claimant-injured was admitted in the hospital from 16.04.2006 to 29.04.2006 and was entitled to attendant charges and other expenses. Accordingly, keeping in view the facts and circumstances of the case, Rs.50,000/- is awarded under the head “attendant charges” and the expenses incurred in the hospital during the said period. No amount has been awarded under the head “pain and suffering”. Thus, Rs.50,000/- is awarded under the said head. The Tribunal has awarded Rs.25,000/- keeping in view the discussion made in paragraphs 15 to 17, is upheld. 5. Having said so, the claimant is held entitled to Rs.50,000+Rs.50,000+Rs.25,000 = Rs.1,25,000/- alongwith interest at the rate of 7.5% from the date of filing of the claim petition till its realization. 6. The insurer is directed to deposit the entire amount in the Registry of this Court within eight weeks from today. On deposit, the same shall be released in favour of the claimant strictly as per the terms and conditions contained in the impugned award, through payees’ account cheque or by depositing the amount in his account. 7. The impugned award is modified, as indicated above. The appeal stands disposed of alongwith all miscellaneous applications accordingly. 8. Send down the records after placing a copy of the judgment on the Tribunal's file.