Monu Singh v. Karan Singh Yadav And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 18.10.2019 Monu Singh ...Appellant

Versus

Karan Singh Yadav & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. P.S. Chauhan, Advocate for the appellant.

RITU BAHRI J. (Oral) The present appeal has been preferred by the injured/claimantappellant (for short 'the appellant'), seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Rewari (for short, 'the Tribunal') to the tune of Rs.1,21,881/- along with interest @ 7 per cent per annum from the date of filing of the petition till realization of the amount, vide impugned award dated 14.12.2012. FACTS NOT IN DISPUTE As per claimants, on 10.09.2011, the appellant was travelling as pillion rider on a motorcycle driven by Narender Kumar of his village. When they reached near Electric Power House of village Bharawas, an Indica car bearing No. RJ-02-CA-2012 came from front side in a rash and negligent manner and struck against the side of their motorcycle, injuring them seriously. F.I.RNo. 184 dated 11.09.2011 under Sections 279/337/338 IPC was registered at P.S Rampura on the statement of appellant. COMPENSATION ASSESSED BY MACT

-2HEAD COMPENSATION AMOUNT Medical expenses Rs.37,181/- Loss of income Rs.14,700/- Transportation charges Rs.5,000/- Attendant Charges Rs.4,000/- Diet and nutrition Rs.10,000/- Loss of future earning on account of disability Rs.16,000/- Loss of matrimonial prospects Rs.20,000/- Pain and suffering Rs.15,000/- TOTAL COMPENSATION AWARDED:- Rs.1,21,881/- ARGUMENTS ADVANCED The learned counsel for the appellant contends that the appellant was only 22 years old at the time of accident and he has suffered 8% disability as per certificate P.W.3/A. The appellant was operated and implant was fixed in his right thigh. He had spent Rs.1 lacs on his treatment. Further the appellant remained admitted in hospital for 05 days i.e 10.09.2011 till 16.09.2011.

Learned counsel for the appellant contends that the appellant is a labourer and due to the disability he cannot lift weight or discharge his normal duties as required by the labourer. As per doctor, on account of 8% disability, there is restricted movement of right knee with mild loss of stability and pain to the appellant.

RE-ASSESSED COMPENSATION Keeping in view the fact that disability is only 8%, the multiplier method cannot be applied in the present case. HEAD COMPENSATION AMOUNT Medical expenses Rs.37,181/- Loss of income for six months Rs.29,400/- (4900 x 6) Transportation charges Rs.5,000/-

-3HEAD COMPENSATION AMOUNT Attendant Charges Rs.4,000/- Diet and nutrition Rs.10,000/- Loss of future earning on account of disability Rs.16,000/- Loss of matrimonial prospects Rs.30,000/- Pain and suffering Rs.20,000/- TOTAL COMPENSATION AWARDED:- Rs.1,51,581/- ENHANCED AMOUNT OF COMPENSATION Rs.1,51,581-Rs.1,21,881=Rs.29,700/- (ROUNDED OFF TO Rs.30,000/-) The enhanced amount of compensation of Rs.30,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellant shall also get 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. 4528-2019 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.

October 18, 2019 ( RITU BAHRI ) G Arora JUDGE