Rinku Kumari v. Sunil Kumar And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 08.08.2019 Rinku Kumari ...Appellant

Versus

Sunil Kumar and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- None RITU BAHRI J. (Oral) The present appeal has been preferred by the injured-appellant (for short 'the appellant'), against award dated 30.09.2009 passed by the learned Motor Accident Claims Tribunal (Adhoc), Fast Track Court Rewari (for short, 'the Tribunal') to the tune of Rs.60,000/-. FACTS NOT IN DISPUTE On 09.11.2005, appellant was going from her school from Bhojawas to her village Uncha on her bicycle and when she reached near Gomti Mode at Bhojawas Kund Road, then a tractor bearing No. HR-34-B0545 being driven by respondent No. 1 in a rash and negligent manner came from opposite side, hit in to the appellant and her bicycle, she consequently sustained multiple injuries. F.I.R No. 156 dated 11.11.2005 under Sections 279/337/338 IPC was registered against respondent No. 1 at Police Station Kanina, District Rewari.

It is not in dispute that the accident had taken place, as the appellant has proved the accident. P.W.5 Krishan Kumar Constable proved the above F.I.R (Ex PW5/1). He submitted the report under Section 173

-2Cr.P.C which has been filed in the Court on 04.12.2005. P.W.1 Dr. P.C Singla stated that on 09.11.2005, the appellant was brought to his hospital. She had fracture in her right thigh for which she was operated on 10.11.2005 and was discharged on 17.11.2005. He proved the discharge summary Ex P3. The doctor has proved the disability certificate indicating that the disability of the appellant as 10%, as per disability certificate Ex P6.

COMPENSATION ASSESSED BY MACT Medical Expenses Rs.42,542.40 Pain and suffering Rs.10,000/- Misc. Expenses Rs.7547.60 Total compensation Rs. 60000/- Even though the Advocates are on strike, the compensation requires to be re-assessed.

As per disability certificate (Ex P6), the disability is on account of fracture and is likely to be improved with the passage of time. After going through the contents of the appeal and going through the award passed by the Tribunal, the compensation is required to be re-assessed as under:- Medical Expenses Rs.42,542/- Pain and suffering Rs.10,000/- Special diet and attendant charges Rs.20,000/- Disability Rs.10,000/- Misc. Expenses Rs.7547/- Total compensation Rs. 90089/- Enhanced compensation 90089-60000=Rs.30089/- (Rounded off to Rs.30,000/-) The enhanced amount of compensation of Rs.30,000/- shall be

-3payable 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, in view of judgment of Hon'ble the Apex Court in Civil Appeal No. 45282019 titled as Dara Singh @ Dhara Banjara vs. Shyam Singh Varma and ors, decided on 01.05.2019. The remaining conditions of disbursal of amount and recovery rights shall remain unaltered. Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.

08.08.2019 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No