Manisha v. Ramesh Chand And ORS
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.
FAO No. 2719 of 2001 ...Appellant
Versus
Ramesh Chand and others
...Respondents
2.
FAO No. 2720 of 2001 Veena ...Appellant
Versus
Ramesh Chand and others
...Respondents
3.
FAO No. 2721 of 2001 Aditya Chaturvedi ...Appellant
Versus
Ramesh Chand and others
...Respondents
4.
FAO No. 2722 of 2001 ...Appellant
Versus
Ramesh Chand and others
...Respondents
Date of decision:- 19.01.2018
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. P.S. Rana, Advocate for the appellants in all the four appeals Mr. Paul S. Saini, Advocate for for respondent Nos. 3 and 5 in all the four appeals RITU BAHRI J.
1.
The above said appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned Award dated 06.09.2000 passed by the learned Motor Accident Claims Tribunal, Gurgaon (for short the Tribunal) in a claim petitions filed under Section 166
-2read with Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act'). 2.
In the above said four appeals, the claimants-injured are seeking enhancement of the compensation amount awarded by the Tribunal. Facts not in dispute 3.
On 12.05.1995, Bipin Chaturvedi along with his wife Manisha Chaturvedi, son Aditya and his relative Veena Chaturvedi and one Ram Kumar Chatruvedi were travelling in Maruti car bearing registration No. DL-2CD-3726. Bipan Chaturvedi was driving the ill fated car at moderate speed. When they reached near Cvhowki Baba Ki Shala on Agra Etawa road, falling within the jurisdiction of P.S. Sirsaganj (U.P), a truck bearing no. URR-127 being driven by respondent No. 1 was going ahead of the ill fated car, who suddenly applied brakes. The driver of the car tried its best to avoid the accident but it rammed into the truck. Consequently, all the occupants of car received serious injuries and became unconscious. They were taken to Agra for treatment where Bipin Chaturvedi was declared dead in the hospital and all other occupants of the car i.e present appellants received multiple injuries. D.D.R No. 45 dated 12.05.1995 was registered at P.S. Sirsaganj UP in this regard.
COMPENSATION ASSESSED BY THE TRIBUNAL Veena Chaturvedi Rs.50,000/- Rs.52,500/- Rs.72,500/-
-3Aditya Rs.05,000/- Rs.25,000/- Rs.80,000/- 4.
Feeling dissatisfied with the impugned award, appellantsinjured have preferred the above mentioned appeals. REASSESSED COMPENSATION 5.
Learned counsel for the appellant-injured Veena Chaturvedi contends that the appellant had suffered multiple fractures in left leg and also suffered multiple injuries and she remained in hospital w.e.f 13.05.1995 to 08.06.1995. She was further re-admitted in Batra hospital on 15.06.1995 to 25.06.1995.The appellant was awarded less under the head of pain and suffering and she has been awarded nothing for the time she remained in hospital. Nothing has been awarded under the head of special diet and transportation.
6.
Learned counsel for the appellant-injured Manisha Chaturvedi contends that the appellant had suffered several fractures and grievous injuries. She remained in hospital w.e.f 13.05.1995 to 26.05.1995. The appellant was awarded less under the head of pain and suffering and she has been awarded nothing for the time she remained in hospital. Nothing has been awarded under the head of special diet and transportation. 7.
Learned counsel for the appellant-injured Aditya contends that the appellant had suffered multiple injuries. He remained in hospital w.e.f
-413.05.1995 to 26.05.1995. The appellant was awarded less under the head of pain and suffering and he has been awarded nothing for the time he remained in hospital. Nothing has been awarded under the head of special diet and transportation.
8.
Learned counsel for the appellant-injured Ram Kumar contends that the appellant had suffered several fractures and grievous injuries. He remained in hospital w.e.f 13.05.1995 to 24.05.1995. The appellant was awarded less under the head of pain and suffering and he has been awarded nothing for the time he remained in hospital. Nothing has been awarded under the head of special diet and transportation. 9.
Learned counsel for the Insurance company has not disputed the fact that the accident had taken place and that the driver of both the vehicles were responsible for the accident.
10.
I have heard learned counsel for the parties and perused the case filed and the awarded passed by the Tribunal requires modification. RE-ASSESSED COMPENSATION Veena Chaturvedi Rs.50,000/- Rs.30,000/- Transportation and Special Diet Rs.30,000/- For stay in hospital Rs.30,000/- Rs.1,40,000/- Compensation awarded by the Tribunal Enhanced amount of compensation 1,40,000-60,000=R.80,000/- Rs.52,500/- Transportation and Special Diet For stay in hospital
-5Rs.92,500/- Compensation awarded by the Tribunal Rs.72,500/- Enhanced amount of compensation 92,500-72,500=Rs.20,000/- Aditya Transportation and Special Diet For stay in hospital Compensation awarded by the Tribunal Rs.25,000/- Enhanced amount of compensation 60,000-25,000=Rs.35,000/- Transportation and Special Diet For stay in hospital Rs.1,00,000/- Compensation awarded by the Tribunal Rs.80,000/- Enhanced amount of compensation 1,00,000-80,000=Rs.20,000/- 11.
Resultantly, the above mentioned four appeals filed by the appellant-injured are partly allowed 12.
Accordingly, the enhanced amount of compensation of Rs.20,000/- (in FAO No. 2719-2001), Rs.80,000 (in FAO No. 2720-2001), Rs.35,000 (in FAO No. 2721-2001) and Rs.20,000/- (in FAO No. 27222001) 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
-6conditions of disbursal of amount shall remain unaltered. January 19, 2018 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No