Vinod Kumar v. Mahender Singh And ORS
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.
FAO No. 1570 of 2014 Vinod Kumar ...Appellant
Versus
Mahinder Singh and others
...Respondents
2.
FAO No. 3855 of 2014 Shri Ram General Insurance Co. Ltd.
...Appellant
Versus
Vinod Kumar and others
...Respondents
Date of decision:- 28.02.2018
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. J.P. Sharma, Advocate for the appellant in FAO No. 1570-2014 & for respondent No.1 in FAO No. 3855 of 2014 Mr. Mukesh Yadav, Advocate for for respondent Nos. 2 to 3 in FAO No. 3855 of 2014 and for respondent Nos. 1 and 2 in FAO No. 1570-2014 Mr. Arun Sharma, Advocate for Mr. Tejinder Joshi, Advocate for the appellant in in FAO No. 3855 of 2014 and for respondent No. 3 in FAO No. 1570-2014 RITU BAHRI J. (Oral) 1.
The above said appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned Award dated 09.12.2015 passed by the learned Motor Accident Claims Tribunal, Narnaul (for short the Tribunal) 2.
At the very outset learned counsel for the appellant-Insurance company has very fairly stated that earlier the appeal i.e FAO No. 71692014 filed by the Insurance Company on same grounds as mentioned in the present appeal, has been dismissed by this Hon'ble Court on 04.09.2014.
-23.
Now coming to the appeal filed by the injured-claimant, which was for enhancement of the compensation amount awarded to him by the Tribunal.
4.
Learned counsel for the appellant-vinod Kumar submits that the compensation requires to be enhanced, as the appellant was awarded less under the head of pain and suffering.
5.
A bare perusal of the impugned award shows that the appellantclaimant Vinod Kumar has been awarded Rs.1,30,000/- on account of loss of salary which he suffered during his treatment, Rs.70,000/- for treatment expenses, Rs.15000/- for transportation, Rs.15000/- for attendant charges, Rs.5000 for special diet and Rs.50,000/- for permanent disability and pain and suffering. Both the legs of the appellant-Vinod Kumar were operated twice and a rod was inserted. He was confined to bed for 192 days. The appellant had suffered 8% permanent disability. 6.
In view of the above factual position, the compensation is being re-assessed as under:- On account of loss of salary Rs.1,30,000/- Treatment expenses Rs.70,000/- Transportation Rs.30000/- Attendant charges Rs.20000/- Special diet Rs.30000/- Permanent disability Rs.20,000/- Pain and suffering Rs.50,000 Total compensation Rs.3,50,000/- Enhanced amount of compensation 350000-285000=Rs.65,000/- 7.
Accordingly, the appeal (FAO No. 3855 of 2014) filed by the Insurance company is dismissed and the appeal i.e FAO No. 1570-2014 filed by the claimant is partly allowed to the extent that he is entitled to get
-3enhanced compensation of Rs.65,000/-, which shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellant (FAO No. 1570-2014) shall also get interest @ 7.5% per annum from the date of filing of the claim petition, in view of the judgment of Hon'ble the Supreme Court in a case of Shri Nagar Mal and ors vs. The Oriental Insurance Co. Ltd and others, passed in Civil Appeal No. 448-2018., decided on 19.01.2018. The remaining conditions of disbursal of amount and recovery rights shall remain unaltered. February 28, 2018 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No