(O&M) Satish Kumar v. Subhash Chand And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 14.10.2015 Satish Kumar ...Appellant

Versus

Subhash Chander and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Saurabh Bhardwaj, Advocate for Mr. P.S. Rana, Advocate for the appellant None for the respondents.

1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest? RITU BAHRI J.

1.

The present appeal has been preferred by the injuredappellant (for short 'the appellant'), against award dated 27.07.1998 passed by the learned Motor Accident Claims Tribunal, Kurukshetra (for short, 'the Tribunal') to the tune of Rs.82,350/-. FACTS NOT IN DISPUTE 2.

On 23.11.1996, appellant along with his servant Jhabu Lal were returning from Ladwa on motorcycle bearing No. HR-07-5281 driven by him at a slow speed. The brother of the appellant i.e Ashok Kumar was also coming behind them on a scooter and was going to Babain.

-2When they reached in the area of village Beholpur, a tractor bearing registration No. PNO 1427 came from opposite side, being driven by Subhash Chand in rash and negligent manner, hit the motorcycle of the appellant, as a result of which the appellant along with his servant fell down and received injuries. A criminal case i.e F.I.R No. 115 dated 23.11.1996 under Sections 279/337 IPC was registered in this regard. 3.

The learned counsel for the claimant-appellant contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to the enhanced 4.

I have heard learned counsel for the appellant and perused the record.

COMPENSATION ASSESSED BY MACT 5.

The Tribunal awarded sum of Rs.41,350/- on account of medical bills and Rs.41,000 towards the disability. RE-ASSESSED COMPENSATION 6.

In the facts of the present case, the fact which is not dispute is that the appellant remained admitted in P.G.I Chandigarh from 23.11.1996 to 02.06.1997 and thereafter remained as indoor patient in the clinic of Dr. Ashok Gupta from 04.06.1997 to 02.07.1997. As per disability certificate, his total physical disability has been assessed at 41% (A-116). He sustained fracture right femur and right leg along with soft tissue injury.

-37.

Reference at this stage can be made to a judgment of Ram Kiran Goyal vs. Sub Divisional Engineer (Mechanical) 2008

(2) RCR (Civil) 103 whereby victim suffered 55% disability and compensation was awarded at the rate of Rs.2000/- for every 1% disability.

8.

In view of the above mentioned judgment, the compensation is re-assessed as under:- HEAD COMPENSATION AMOUNT Annual Salary Rs.30000 Loss of earnings during recovery Rs.24,000/- Loss on account of disability 41X2000=Rs.82,000/- Special Diet and Transportation Charges Rs.10,000/- Attendant Rs.5,000/- Future Medical treatment Rs.5,000/- Medical expenses Rs.41,000/- TOTAL COMPENSATION AWARDED:- Rs.1,67,000/- ENHANCED AMOUNT OF COMPENSATION 1,67,000-82,350=Rs.84,650- (rounded of to Rs.84700) 9.

The enhanced amount of compensation of Rs.84,700/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The enhanced amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization, in view of the judgment of Hon'ble the Supreme Court in a case of Kumari Kiran through her father Harinarayan vs. Sajjan Singh and others, 2015(1) SCC

539. Remaining conditions of disbursal of amount shall remain

-4unaltered.

10.

Accordingly, the award stands modified to the above extent and the present appeal is partly allowed. October 14, 2015 ( RITU BAHRI ) G Arora JUDGE