Master Shivaji Pandey v. Lakhwinder Singh & ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 03.10.2017 Master Shivaji Pandey ...Appellant

Versus

Lakhwinder Singh & others

...Respondents

CORAM:

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

Ms Natasha Munjal, Advocate for respondent Nos. 1 and 2.

Mr. Rajnish Malhotra, Advocate for respondent No. 3 RITU BAHRI J. (Oral) The present appeal has been preferred by the injured-appellant (for short 'the appellant'), against award dated 18.04.2013 passed by the learned Motor Accident Claims Tribunal, Ferozepur (for short, 'the Tribunal') to the tune of Rs.66,245/-.

FACTS NOT IN DISPUTE On 16.03.2012, Savita mother of the claimant-appellant was on walk along with claimant to Golden Arrow Canteen on her correct side. At that time, One Durga Parshad was also on walk and was following above named Savita and the appellant. When the claimant and Savita reached near the Gate of Golden Arrow Canteen, a car bearing registration No. PN-02BL-7173 being driven by respondent No. 1 in a rashly and negligently, directly struck against the appellant, as a result of which the claimantappellant sustained multiple injuries on his head and on various parts of the

-2body. The driver of the offending car fled from the spot . The claimant was taken to Amar Hospital from where he was referred to Sobti Neuro and Super Specialty Hospital,Ludhinaa due to his serious condition where he remained admitted w.e.f 16.03.2012 to 30.03.2012. F.I.R was also registered on the same day.

COMPENSATION ASSESSED BY MACT On account of Medical Treatment Rs.48,245 Transportation Rs.3000/- Pain and suffering Rs.10,000/- Special diet Rs.5000/- Total compensation Rs. 66245/- 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. 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.48,245/- Transportation Rs.20,000/- Pain and suffering Rs.20,000/- Special Diet Rs.10,000/- Attendant Charges Rs.20,000/- Total compensation Rs.1,18,245/- Enhanced compensation 1,18,245-66,245=Rs.52000/- The enhanced amount of compensation of Rs.52,000/- 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,

-3till 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.

03.10.2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No