Gurmeet Singh v. Surinder Kumar & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 08.05.2025 Gurmeet Singh ....Appellant

Versus

Surinder Kumar and others

...Respondents

Pritam Kaur ....Appellant

Versus

Surinder Kumar and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Maneet Kaushik, Advocate for Mr. Ashit Malik, Advocate for the appellant(s).

Mr. Ajay Singla, Advocate for respondent No.3 (in both cases).

PANKAJ JAIN, J. (ORAL) Injured-claimant Gurmeet Singh seeks enhancement of compensation on account of the injuries suffered by him in a motorvehicular accident, dated 25.05.1992.

2. The Tribunal holding that claimant has suffered compound fracture of right arm, awarded lump sum amount of Rs.20,000/-.

3.

Counsel for the claimant has referred to statement of PW-4 Dr. P.K. Bhatia, Orthopedic Surgeon, to submit that the claimant suffered fracture of both bones of forearm. Fracture of ulna was not cured. He submits that on account of compound fracture, the claimant remained hospitalized for more than 10 days. In all, he had undergone six operations. It was proved that he spent an amount of Rs.39,000/- yet only Rs.20,000/- have been awarded.

4.

I have heard counsel for the parties and have carefully gone through records of the case.

5.

It has come on record that the claimant suffered compound fracture of forearm and remained hospitalized in PGI, Chandigarh for 10 days. Keeping in view that the claimant had to undergo six operations, this Court finds that meager sum of Rs.20,000/- is not adequate and the same needs to be reworked.

6.

Nothing has been paid on account of future medical expenses for removal of rod. Rs. 20,000/- are awarded for the same. Rs.5,000/- are awarded for attendant charges. Rs.5,000/- are awarded for special diet. Rs.2,000/- are awarded for transportation charges. Since the claimant remained hospitalized for 10 days, he is granted loss of income for two months i.e. Rs.10,000/-. Keeping in view that he underwent six surgeries, he is awarded an amount of Rs.30,000/- for pain and suffering.

Instant appeal is at the behest of Pritam Kaur, who suffered injuries in the form of a lacerated wound of 10 cms x 6 cms on her forehead at the age of 56 years. She has been awarded a meager sum of Rs.200/-. The same is enhanced to Rs.10,000/-.

2.

The claimants/appellants (in both the appeals) shall be entitled for interest @ 7.5% per annum on the enhanced amount, from the date of filing of the claim petition till the actual date of realization. 3.

Needless to say, amount already paid to the claimants/appellants shall be set off.

4.

With the aforesaid modification in the impugned award, both the appeals are disposed off.

5.

A copy of this order be kept on the file of other connected case. May 08, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No