Harbinder Kaur v. Navdeep And ORS
1 2023:PHHC:073601
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Order Reserved On: 21.04.2023 Order Pronounced On: 19.05.2023 1.
Harbinder Kaur ....... Appellant
Versus
Navdeep and others ...... Respondents 2.
FAO-3731-2012(O&M) Jaspreet Kaur ....... Appellant
Versus
Navdeep and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARPREET SINGH BRAR ***
Present:
Mr. Vivek Sharma, Advocate for the appellant(s). Ms. Yagyasree, Advocate for Mr.Rajneesh Malhotra, Advocate for respondent No.3-Insurance Company in both the cases. *** HARPREET SINGH BRAR, J.
1.
The above mentioned two appeals have been filed by the injured/claimants seeking enhancement of compensation granted to them by Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as 'the Tribunal' for short) vide common award dated 21.01.2012. The same are being disposed of by this judgment as they have arisen out of the same award.
2 2023:PHHC:073601 FACTUAL BACKGROUND 2.
Succinctly, the facts of the case are that on 31.10.2008 the appellant, along with her daughter Jaspreet Kaur, was going from village Ghulal to Dhandari on motor cycle bearing registration No. PB10-CD-5349 which was being driven by Jugraj Singh. At about 7.00 p.m., when they reached near Gurudwara Katana Sahib where a Santro car bearing registration No. HR26-AE-1536 being driven in a rash and negligent manner by respondent No.1-Navdeep, came from opposite side and struck against the motor cycle of the appellants. As a result thereof, all the three occupants of the motor cycle fell on the road and received serious injuries.
Both the appellants/injured were immediately taken to Sidhu Hospital, Doraha and from there appellant/injured-Harbinder Kaur was referred to Rattan Hospital, Ludhiana whereas appellant/injured-Jaspreet Kaur was referred to Apollo Hospital, Ludhiana. It is pleaded that an amount of Rs. 4,50,000/- had already been spent on medical treatment of appellant-Harbinder Kaur and an amount of Rs. 6,00,000/- on the medical treatment of appellant-Jaspreet Kaur. At the time of accident, appellant-Harbinder Kaur was 42 years of age and appellant-Jaspreet Kaur was 19 years of age. 3.
It is further pleaded that due to the accident in question appellant-Harbinder Kaur has suffered permanent disability due to fracture of right side of pelvis and is unable to pursue her avocation of stitching clothes and dairy farming, from which she used to earn Rs. 20,000/- per month. Appellant-Jaspreet Kaur also suffered permanent disability to the tune of 6% due to fracture in mandible and right shoulder. Prior to accident, she is alleged to have been studying in B.A. (1st year) and taking tuitions as
3 2023:PHHC:073601 well, from where she used to earn about Rs. 5000/- per month. 4.
The Tribunal awarded a sum of Rs. 61,500/- along with interest at the rate of 6% p.a. to appellant-Harbinder Kaur and a sum of Rs. 3,48,700/- along with interest at the rate of 6% p.a. to appellant-Jaspreet Kaur, from the date of filing of the claim petition(s) till realisation. OBSERVATION AND ANALYSIS 5.
Having heard counsel for the parties and perusing the record of the case carefully, this Court is of the opinion that the amount of compensation needs to be redetermined as per the judgments of the Hon'ble Supreme Court in
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6, 3 57 ( HARPREET SINGH BRAR) JUDGE 19.05.2023 sunita Whether Reasoned/Speaking : Yes/No Whether Reportable : Yes/No