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2016 DIGILAW 662 (JK)

Varinder Paul v. Union of India

2016-12-15

R.SUDHAKAR

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JUDGMENT : R. Sudhakar, J. 1. This appeal is of the year 2006 and the same is filed by the claimant seeking enhancement of compensation. The accident in this case happened on 05.08.2002. The injured claimant aged about 20 years was traveling as a pillion rider on the scooter and was hit by the army truck near Railway Station, Jammu as a result of which he suffered multiple grievous injuries on his chest, face, arm and legs. He was a student at the time of accident. He was treated at Government Medical College, Jammu for one month from 05.08.2002 to 05.09.2002 and thereafter he remained under treatment in Daya Nand College and Hospital, Ludhiana from 08.09.2002 to 22.10.2002 and thereafter from 06.12.2002 to 21.12.2002. Five operations were conducted on him and he claimed compensation as against the Union of India for the injuries caused to him. 2. Before the Tribunal, the Doctor was examined as a witness and the disability certificate was exhibited as EXPWRCS. The Doctor who was examined as a witness has opined that the claimant is still having Monoparesis right upper limb with restriction of movements of right hip joint and there is impairment of bodily parts of the claimant. 3. The Tribunal taking note of the long period of claimant's medical treatment in two hospitals granted following amount of compensation:- 1. For Medical expenses Rs.1,10,551/- 2. For transportation charges Rs.15,000/- 3. For gratuitous services Rs.20,000/- 4. For Special diet Rs.20,000/- 5. For physiotherapy Rs.10,000/- 6. For pain and suffering Rs.1.00 lac 7. For amenities of life Rs.1.00 lac Total Rs.3,75,551/- with 6% interest per annum 4. No amount has been granted for 50% disability and, therefore, the appeal has been filed seeking enhancement of compensation. 5. The disability is assessed at 50% by the Doctor and if Rs. 2000/- is granted per percent of disability, a sum of Rs. 1.00 lac has to be granted to the claimant for the disability suffered. Furthermore, meager amount has been granted for special diet, physiotherapy and transportation charges because the injured has been treated for more than one and a half month in Daya Nand Medical College Hospital, Ludhiana for which he needs to be taken up and down besides entailing expenses for the attendants. 6. Considering the young age of the injured claimant, he needs special diet to recoup himself to some extent. 6. Considering the young age of the injured claimant, he needs special diet to recoup himself to some extent. Therefore, the award of the Tribunal is modified and the claimant is entitled to the following enhanced compensation along with interest at the rate of 6% per annum from the date of filing of claim petition before the Tribunal:- S.No. Heading Award of the Tribunal Modified Award 1. For Medical expenses Rs.1,10,551/- Rs.1,10,551/- 2. For transportation charges Rs.15,000/- Rs.25,000/- 3. For gratuitous Rs.20,000/- Rs,20,000/- 4. For Special diet Rs.20,000/- Rs.30,000/- 5. For physiotherapy Rs.10,000/- Rs.20,000/- 6. For pain and suffering Rs.1.00 lac Rs.1.00 lac 7. For amenities of life Rs.1.00 lac Rs.1.00 lac 8. Disability of 50% at the rate of Rs.2000/- per disability Nil Rs.1,00 lac Total Rs.3,75,551/- with 6% interest per annum Rs.5,05,551/- 7. Mrs. Sindhu Sharma, learned Assistant Solicitor General of India undertakes to deposit the enhanced award amount within six weeks from the date of supply of copy of this order and the claimant is entitled to withdraw the same. This appeal is allowed in the above terms enhancing the award of the Tribunal.