Dheeraj Kumar v. Dharam Pal And ORS

  
    

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- did not dispute admission of both appellants in hospital and injuries suffered by them. However, he pleaded that there is no permanent disability, thus, the appellants were entitled for compensation to the extent of medical expenses. 6.

I have perused the record of the case and heard arguments of both counsels.

7.

After considering injuries suffered by both the appellants and their admission in hospital, I am of the considered opinion that compensation awarded under heads other than medical expenses is on lower side and it deserves to be enhanced. Counsel for the insurer has conceded that couple remained in hospital for 5 days and they suffered multiple injuries. It is well known fact that injuries though may not be permanent, cause physical and mental pain. Physical and mental suffering cannot be quantified in monetary terms. However, it is duty of the Court to determine just and fair compensation, keeping in view the nature of injuries, period of hospitalization, status of parties and other mitigating circumstances.

Keeping in view the entire facts and circumstances, amount of compensation awarded to Dheeraj Kumar (husband) is increased from Rs.

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8.

The claimants are entitled to interest @ 7.5% per annum instead of 6% per annum as awarded by learned Tribunal. Therefore, rate of interest is increased from 6% to 7.5% per annum. It is made clear that amount already paid would be deducted from claim determined hereinabove.

The respondents are directed to make payment within a period of eight weeks from today.

9.

Appeals are allowed. Pending miscellaneous applications, if any, shall stand disposed of.

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8 Whether reportable :

Yes/No