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2017 DIGILAW 47 (JK)

Kulbushan Singh v. Narinder Singh

2017-02-03

RAMALINGAM SUDHAKAR

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JUDGMENT : Ramalingam Sudhakar, J. The appeal is of 2009. 2. It is a case of injury. Accident in this case happened on 3-10-1997 when the petitioner boarded Mini Bus bearing registration No. 5687-JK02G from Kathua which collided with another Mini Bus bearing registration No. 2561-JK08. Both the vehicles are insured. 3. The finding of negligence on the part of the drivers of the offending vehicles and liability of the owners of the two vehicles and that of the Insurance Company to compensate the claimants is not disputed. 4. Consequent to the accident for the injuries suffered, the claimant was treated at District Hospital Kahtua. In the treatment, the claimant claims that his left thumb was amputated and his one tooth of the lower jaw was also broken. Doctor issued a disability certificate at the rate of 20%. The Tribunal after going through the evidence on record thought it fit to grant an amount of Rs. 25,000/- taking notice of the fact that there was multiple injuries and the claimant had to spent certain amount for medical expenses. The Tribunal without going into the details of various heads of claim or break up of the quantum has granted a sum of Rs. 25,000/- with no interest. 5. In appeal learned counsel for the appellant relies upon two documents namely a certificate issued by Dr. I.K. Wangnoo, and a medical legal certificate dated 3-10-1997 and seeks enhancement of compensation. 6. In appeal the certificate of Dr. I.K. Wangnoo alone is on record. The Medical Legal Certificate dated 3-10-1997 is not there. Before the Tribunal, Dr. I.K. Wangnoo has been examined and cross-examined. A reference to the Medical Legal Certificate dated 3-10-1997 has been made, but how this certificate missed the file of the Tribunal is a mystery. 7. The counsel for the respondents pleaded that award granted by the Tribunal is quite sufficient for the injuries suffered and there is no merit. 8. Considered the evidence on record, the statement of the claimant, examination and cross-examination of the Doctor and certificate dated 27-6-2001 which reveals that the Doctor examined the injured-claimant on 27-12-1997 in ward No. 11 and the road traffic accident. It is evident that injury caused resulted in hospitalization for some time. 9. In this view of the matter, the Tribunal should have given the break-up of the compensation instead of confirming the interim award. It is evident that injury caused resulted in hospitalization for some time. 9. In this view of the matter, the Tribunal should have given the break-up of the compensation instead of confirming the interim award. In this case, the disability has been assessed to be 20% for which claimant will be entitled to Rs. 20,000/-. For pain and suffering some amount has to be granted and Rs. 5000/- is awarded. For medical expenses Rs. 8532/- is granted as per the bills. For the injury suffered, the claimant is entitled to extra nutrition, transport and attendant charges and on these heads a sum of Rs. 5000/- is granted. 10. The modified award is as follows : For 20% disability Rs. 20,000/- For pain and suffering Rs. 5000/- For medical expenses Rs. 8532/- For extra nutrition, transport and attendant charges Rs. 5000/- Total Rs. 38,532/- (Rupees Thirty Eight thousand five hundred thirty two) The enhanced amount of award shall bear interest @ 7.5% per annum. 11. Before parting with this case, this Court is inclined to issue the following directions to strictly and mandatorily complied with by all MACTs : 1. After the compensation is determined, it shall be set out in a Tabulated column as to the heads for which the amount is granted, the total and the interest granted. 2. At the end of the award, it shall indicate the list of witnesses examined by the parties to the proceedings together. 3. It shall indicate with the names the number of documents filed by the respective parties with exhibit numbers. This direction is issued to avoid missing of documents or manipulation. A Circular be issued in this regard to all MACTs and acknowledged. The appeal is allowed as above.