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High Court of Punjab and HaryanaFAO/411/1995disposed of

Dayal Sarup v. Raj Kumar & ORS

2024-11-12Mr. Justice Pankaj Jain2 pages

Appellant is an injured claimant who has been awarded compensation of Rs.10,000/- by Motor Accidents Claims Tribunal, Karnal. The only issue is regarding quantum. While granting compensation to the appellant, Tribunal observed as under :- "24. After analyzing the evidence brought on record, this Tribunal is of considered opinion that Dayal Sarup had not received any fracture. He had received only three injuries and all were simple in nature. As far as loosing of his memory is concerned, it is absolutely not acceptable. Had he been in that position, the placing of medical record to that effect was very POOJA SHARMA 2024.12.20 12:09 I attest to the accuracy and integrity of this document

easy. It has been said only by him to bring his case under that category to take the compensation on higher side. It is clear from the statement of Dr. Parmod Garg (PW1) that he remained hospitalized in his hospital for six days.

25. Taking into consideration the nature of the injuries, this Tribunal is of considered opinion that an amount of Rs. 10,000/- (Rs. Ten thousand) would be just and reasonable to be awarded to the applicant on account of his injuries received in this accident. This amount of Rs. 10,000/- includes medication, pain and suffering, period of hospitalization, special diet, attendant, transportation etc. etc. order accordingly. This issue is determined in favour of the applicant and against the respondents."

Claimant only received simple injuries though remained hospitalized for six days. Tribunal granted him Rs.10,000/- in lump sum for his medication, pain and suffering, period of hospitalization, special diet, attendant and transportation.

This Court does not deem it appropriate to interfere in the present appeal and the same is ordered to be dismissed. POOJA SHARMA 2024.12.20 12:09 I attest to the accuracy and integrity of this document