Mamta v. Dinesh Kumar & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 26.08.2016 Mamta ....Appellant

Versus

Dinesh Kumar and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Vivek Khatri, Advocate for the appellant. Mr. Sushil Sheoran, Advocate for respondents No.1 and 2. Mr. Subhash Goyal, Advocate for respondent No.3. REKHA MITTAL, J.

Mamta, the injured/victim is in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hisar (for short 'the Tribunal') in regard to injuries sustained by her in a motor vehicular accident in December, 2012. The learned Tribunal awarded compensation of Rs.4,16,000/- under the following heads:- Sr. No. Heads Amount 1.

Medical expenses Rs.3,60,000/- 2.

Pain and suffering Rs.10,000/- 3.

Loss of studies Rs.6,000/- 4.

Special diet Rs.6,000/- 5.

Attendant charges Rs.5,000/- 6.

Transportation charges Rs.5,000/- 7.

Permanent disability Rs.24,000/- TOTAL Rs.4,16,000/- Counsel for the appellant has submitted that compensation awarded by the Tribunal under various heads i.e. pain and suffering,

loss of studies, special diet, attendant and transportation charges needs enhancement in view of the fact that the injured remained hospitalized w.e.f. 04.10.2012 to 30.10.2012 and from 21.01.2013 to 29.01.2013. She sustained multiple injuries namely fracture of radius, pelvis and mandible. Another submission made by counsel is that the Tribunal has not awarded any compensation for loss of amenities of life and matrimonial prospects as the victim suffered disability to the extent of 12% in view of the disability certificate proved by Dr. Reena Jain, PW5.

Counsel for the insurer has supported the award passed by the Tribunal with the submissions that compensation has been assessed under various heads in the light of evidence available on record. I have heard counsel for the parties, perused the paperbook particularly the award passed by the learned Tribunal. As the injured/victim suffered the aforesaid fractures and remained hospitalized for a period of about 35 days, leaving an indelible mark of permanent disability to the extent of 12%, compensation awarded for pain and suffering, special diet, attendant and transportation charges is enhanced in the following terms:- Sr.

No.

Heads Compensation awarded by MACT Enhanced compensation 1.

Medical expenses Rs.3,60,000/- Rs.3,60,000/- 2.

Pain and suffering Rs.10,000/- Rs.40,000/- 3.

Special diet Rs.6,000/- Rs.10,000/- 4.

Attendant charges Rs.5,000/- Rs.10,000/- 5.

Transportation charges Rs.5,000/- Rs.10,000/- 6.

Permanent disability Rs.24,000/- Rs.24,000/- TOTAL Rs.4,10,000/- Rs.4,54,000/-

The Tribunal has awarded an amount of Rs.6,000/- qua loss of studies. It has been proved on record that due to sustaining of injuries, the claimant suffered loss of one semester of study of Postgraduation in Technology. She is awarded an amount of Rs.15,000/- for loss of studies.

The claimant has suffered disability to the extent of 12% qua pelvis, mandible, etc. she is awarded an amount of Rs.20,000/- for loss of amenities of life and Rs.30,000/- for loss to matrimonial prospects.

The total compensation payable to the claimant comes to Rs.5,19,000/- and the enhanced compensation is Rs.1,03,000/- (Rs.5,19,000/- - Rs.4,16,000/-) payable with interest @ 7.5% per annum from the date of filing of claim petition till realization. The enhanced compensation shall be deposited in the shape of FDR in a nationalized bank for a period of two years.

Disposed of accordingly.

(REKHA MITTAL) 26.08.2016 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No