Ranjit Singh v. State Of Haryana And ORS.

CM No.3086-CII of 2012 IN/AND FAO No.663 of 2012



   
  CM No.3086 CII of 2012 IN/AND FAO No.663 of 2012 Date of Decision:12.02.2015 Ranjit Singh #.Appellant

Versus

State of Haryana and others #.Respondents      




Present:

Mr. Surender Deswal, Advocate for the appellant. Mr. Anmol Malik, AAG, Haryana for respondents No.1 & 2. Ms. Monika Jangra, Advocate for Ms. Vandana Malhotra, Advocate for respondent No.4

National Insurance Company Ltd.



 CM CII of 2012 In view of the reasons given in the application and accompanying affidavit of the applicant appellant, CM is allowed and the delay of 258 days in filing the appeal is condoned.

FAO No.663 of 2012 1.

The appeal is preferred by the appellant against the award dated 8.5.2008 passed by Motor Accident Claims Tribunal, Ambala (Tribunal for short), whereby compensation to the tune of Rs.75,000/ was granted to the appellant on account of injuries received by him in an accident occurred on 23.10.2014. 2.

The appellant found the compensation of Rs.75,000/ inadequate and challenged the award on the ground that proper amount for expenditure on treatment was not given and also nothing was granted for special diet, follow up treatment, attendant charges and transportation. ISHWAR SINGH GARHWAL 2015.02.13 12:13 I attest to the accuracy and authenticity of this document

CM No.3086-CII of 2012 IN/AND FAO No.663 of 2012 3.

Counsel for the appellant argued that the injured had undergone three surgeries because he had suffered a fracture and rod was inserted. He, therefore, required an attendant while he was bedridden and also he had to take special diet. He had to visit his doctor for follow up treatment as well.

4.

Counsel for the Insurance Company submitted that sufficient amount was awarded as the appellant had been compensated for the disability and also a good amount of Rs.25,000/ was awarded for pain and suffering. He had not proved any of the medical bills or papers as per law and yet the Tribunal awarded a sum of Rs.40,000/ for expenses on treatment.

5.

So far as the amount already awarded by the Tribunal is concerned, the same calls for no alteration. However, it is felt that the appellant should be compensated for special diet, attendant charges, follow up treatment etc. Under the said heads, a cumulative amount of Rs.50,000/ is granted. The amount shall stands enhanced from Rs.75,000/ to Rs.1,25,000/ . However, the interest on the enhanced amount shall be chargeable at the rate of 6% per annum. 6.

The appeal is partly allowed in the above terms.   

             12.02.2015 Ishwar

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ISHWAR SINGH GARHWAL 2015.02.13 12:13 I attest to the accuracy and authenticity of this document