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High Court of Punjab and HaryanaFAO/379/1996dismissed

(O&M) Kumari Asha v. Tej Pal Alias Mintu And Others

2015-10-07Mr. Justice K.C. Gupta2 pages

FAO No.379 of 1996 (O&M) 

      FAO No.379 of 1996 (O&M) Date of Decision:7.10.2015 Kumari Asha through her LRs &.Appellants

Versus

Tejpal alias Mintu and others &.Respondents       Argued by:

Mr. R.A. Sheoran, Advocate for the appellants. Mr. Ravinder Arora, Advocate for respondent No.32 New India Assurance Company Ltd.

 1.

The Motor Accidents Claims Tribunal, Rewari (Tribunal for short), vide award dated 11.8.1995 granted compensation of Rs.57,440/2 to Kumari Asha, who was injured in a road accident on 5.3.1992. The appeal was preferred by the injured as she was not satisfied with the amount awarded. 2.

During the pendency of the appeal, Kumari Asha died in the year 2000 and her parents were substituted in her place as appellants. 3.

Counsel for the appellants argued that only an amount of Rs.50,000/2 in lump2sum was awarded for the disability suffered by Kumari Asha which was to the tune of 100%, while miscellaneous expenses to the tune of Rs.2000/2 were given. The compensation was highly inadequate as nothing was separately awarded for pain and suffering and special diet etc. The parents attended to the girl for eight years but they were not compensated. Counsel for the Insurance Company argued that the compensation for pain and suffering etc. was for the injured herself and since she had died, the compensation was not liable to be enhanced. If otherwise an amount of Rs.50,000/2 granted in 1995 for an accident which took place in 1992 was quite adequate. ISHWAR SINGH GARHWAL 2015.10.08 13:20 I attest to the accuracy and authenticity of this document

FAO No.379 of 1996 (O&M) 4.

The arguments advanced on behalf of the respondent are convincing because the value of money as its stood in 1992 was much more than what it is today and an amount of Rs.50,000/2 awarded at that time was not insufficient. The expenses incurred on treatment were also awarded and miscellaneous expenses were also taken care of. 5.

The award does not call for any change. The appeal is dismissed.                07.10.2015 Ishwar

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ISHWAR SINGH GARHWAL 2015.10.08 13:20 I attest to the accuracy and authenticity of this document