(O&M) Mangal Singh Etc. v. Harbans Singh Etc

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : February 04, 2015 Mangal Singh ....Appellant versus Harbans Singh and another ....Respondents Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. M.S.Kang, Advocate, for the appellant Mr. BS Sra, Additional Advocate General, Punjab for respondent no. 2 Fateh Deep Singh, J. (Oral) The claimant-appellant has laid challenge to consolidated award dated 17.10.1988 passed by learned Motor Accident Claims Tribunal, Hoshiarpur.

At the very onset keeping in view that the records stood destroyed in the fire not much evidence is available on the reconstructed records.

-2After going through the arguments of Mr. M.S.Kang, Advocate, for the appellant and Mr. BS Sra, Additional Advocate General, Punjab for respondent no. 2, it is well established and is not even disputed that it was on 19.10.1987 while travelling in Punjab Roadways Bus No. PBQ-4515 owned by respondent no. 1-Punjab Roadways claimant Mangal Singh who was aged 40 years working as a carpenter suffered accidental injuries resulting in shortening of his right leg. As has been contended on behalf of the appellants, the claimant was earning Rs 50/- per day from his avocation though nothing has come up by way of documentary evidence. However, having regard to the normal wages in such an avocation at the time of accident, the same cannot be put to question. It has remained unrebuted that the claimant remained admitted in hospital from 19.10.

1987 to 23.11.1987 and thus for a period of almost 36 days remained under hospitalization. The Tribunal has awarded Rs 34,000/- on account of the injuries and its resultant. Keeping in view that the claimant has lost man-days at his work causing financial loss besides spending money on his treatment, future loss of earning which must have also adversely effected his enjoyment of life and which fact has remained unaddressed by the Tribunal. Relying upon R.D. Hattangadi vs.

-3certainly entitled to following compensation :- (a) Pecuniary compensation:- (i)Compensation assessed on account of Rs 25,000/- medical expenses.

(ii)Compensation assessed on account of special diet, service of attendant and conveyance Rs 8,000/- (iii)Compensation assessed on account of loss of earning, past and future Rs 10,000/- (b) Non Pecuniary compensation:- (i)Compensation on account of physical Rs 7,000/- pain, mental agony, sense of wrong etc.

(ii)Compensation on account of loss of Rs 10,000/- beauty, pleasures of life etc.

(iii) Compensation on account of Rs 20,000/- physical disability Total Rs 80,000/- The learned Tribunal has failed to take into consideration all these and has thus has fallen into error necessitating intervention by this Court. The compensation awarded by the Tribunal was not fair and just and thus needs to be enhanced. The claimant is entitled to a total sum of Rs 80,000/-. (Rupees Eighty thousands only). The interim compensation paid, if any, shall be adjusted. Rest of the stipulations laid down by the Tribunal need not be disturbed. However, the appellant shall be entitled to interest

-4on the enhanced amount @ 7.5% per annum from the date of filing of the appeal till realization.

With the aforesaid modification in the impugned award, the appeal stands allowed. No costs.

( Fateh Deep Singh ) February 04, 2015 Judge 'tiwana'