Saroj Bala v. Vikram Bhatia And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 29.08.2017 Saroj Bala ...Appellant

Versus

Vikram Bhatia & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Rajesh Bansal, Advocate for the appellant.

Ms Priya Bansal, Advocate for respondent Nos. 1 and 2.

Ms. Swati Batra, Advocate for respondent No. 3 RITU BAHRI J. (Oral) Reply filed on behind of respondent No. 3 in the Court today, is taken on record.

The present appeal has been preferred by the injured-appellant (for short 'the appellant'), against award dated 09.10.2013 passed by the learned Motor Accident Claims Tribunal, Panipat (for short, 'the Tribunal') to the tune of Rs.1,09,900/-.

FACTS NOT IN DISPUTE On 18.06.2012, the claimant-appellant accompanied with her son Neeraj was going to market on motorcycle bearing No. HR-06Q-3112. When they reached near Seema Theatre, a Verna car bearing registration No. HR-06X-29321 came from the Chhabra Hospital Road, being driven rashly and negligently, directly hit the motorcycle, as a result of which the claimant-appellant and his son fell down on the road and sustained injuries

-2on their persons. The claimant received grievous injuries on head and her son shifted her to Chhabra Hospital, Panipat, while the driver of the offending car fled from the spot along with the car. COMPENSATION ASSESSED BY MACT On account of Medical Treatment Rs.89,200 Transportation Rs.5000/- Loss of Income Rs.700/- Pain and suffering Rs.10,000/- Better diet Rs.5000/- The learned counsel for the claimant-appellant contends that the compensation awarded by the learned Tribunal to the present appellant is on the lower side and deserves to the enhanced. It is not in dispute that the claimant has proved bills and receipts regarding the expenses incurred by her on her treatment. Further P.W.3 Gourav Sharma, Hospital Administrator, Chhabra Hospital, Panipat produced the treatment record of the claimant and deposed that she had been got admitted on 18.06.2012 with alleged history of roadside accident and he had received Rs.10,100/- from her for admission fee, nursing car charges etc. The claimant remained admitted in Maharaja Aggarsain Hospital, Panipat from 19.06.2012 ti 22.06.2012.

After going through the contents of the appeal and going through the award passed by the Tribunal, the compensation is re-assessed as under:- On account of Medical Treatment Rs.89,200/- Transportation Rs.5000/- Loss of Income Rs.5000/- Pain and suffering Rs.10,000/- Better diet Rs.10,000/-

-3Attendant Charges Rs.10,000/- Total compensation Rs.1,29,200/- Enhanced compensation 1,29,200-1,09,900=Rs.19300/- The enhanced amount of compensation of Rs.19,300/- shall be payable 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, till its realization, in view of the judgment of Hon'ble the Supreme Court in a case of Kumari Kiran through her father Harinarayan vs. Sajjan Singh and others, 2015(1) SCC 539. Remaining conditions of disbursal of amount shall remain unaltered.

Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.

29.08.2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No