Charanjit Singh v. Abhishek Bhardwaj And ORS

-1FAO No.2253 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.2253 of 2016 Date of decision: 12.07.2019 Charanjit Singh .......Appellant versus Abhishek Bhardwaj and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Ms. Ameera Singh, Advocate, for Mr. Vikram Anand, Advocate, for the appellant. RAMENDRA JAIN, J. (ORAL) Prayer through instant appeal has been made for enhancement of amount of compensation awarded to appellant-claimant by the Motor Accident Claims Tribunal, Kapurthala (in short the 'Tribunal'), vide award dated 17.10.2015.

Briefly, in the evening of 07.09.2013, appellant on scooter was hit by car bearing registration No.PB-09-Q-0046 being driven by respondent No.1 in a rash and negligent manner. As a result thereof, appellant sustained multiple grievous injuries on entire parts of his body. He was removed to Civil Hospital, Kapurthala from where he was further referred to Satyam Hospital, Jalandhar. FIR No.225 dated 10.09.2013 under Sections 279, 337, 338, 427 IPC was registered against respondent No.1 at Police Station City Kapurthala. Appellant remained hospitaized from the date of accident till 27.09.2013 in Satyam Hospital & Trauma Centre, Kapurthala Chowk, Jalandhar, i.e. for around 20 days, during which period he was operated on 14.09.2013.

RAVINDER SINGH 2019.07.17 12:29 I attest to the accuracy and integrity of this document

-2FAO No.2253 of 2016 In a claim petition under Section 166 of the Motor Vehicles Act, 1988 filed by the appellant for grant of compensation of `15.00 lakh, learned Tribunal after holding trial, vide impugned award dated 17.10.2015 awarded `4,93,000/- to the appellant under following heads: - `40,000/- Permanent disability to the extent of 20% (@ `2000/- per every 1% disability) Special diet `10,196/- Transport charges `15,200/- Attendant charges `10,000/- Pain and sufferings `50,000/- Loss of amenities of life `20,000/- Medical expenses `3,47,604/- Total `4,93,000/- Learned counsel for the appellant inter alia contends that during his hospitalization for 20 days, appellant was operated twice. Therefore, amount of compensation awarded by the Tribunal towards medical expenses and transportation charges is quite unreasonable.

Having given thoughtful consideration to the submissions made by learned counsel for the appellant and after perusal of above table qua grant of compensation to the appellant under various heads, this Court finds the instant appeal completely devoid of any merit for the simple reason that appellant has been adequately compensated. There is no scope of enhancement of compensation amount.

Dismissed.

(Ramendra Jain) Judge July 12, 2019 R.S.

Whether speaking/reasoned Yes/No RAVINDER SINGH 2019.07.17 12:29 I attest to the accuracy and integrity of this document Whether reportable Yes/No