Sombir v. Joginder And ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 6352 of 2015 (O&M) Date of decision:- 08.05.2018 Sombir ...Appellant

Versus

Joginder & another

...Respondents

CORAM:

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

Mr. Lalit Garg, Advocate for respondent No. 3 RITU BAHRI J. (Oral) C.M. No. 19986-CII-2015 For the reasons mentioned in the application, delay of 397 days in re-filing of the appeal is hereby condoned. The application stands disposed of accordingly. F.A.O No. 6352-2015 The present appeal has been preferred by the injured-appellant (for short 'the appellant'), against award dated 20.01.2014 passed by the learned Motor Accident Claims Tribunal, Hisar (for short, 'the Tribunal') to the tune of Rs.2,52,000/-.

FACTS NOT IN DISPUTE On 13.10.2012, claimant was going from his house to Hansi on motorcycle bearing registration NO. HR-21-E-2843. When he reached near Gagan Kheri Mor towards Hansi, respondent NO. 1 who was driving cruiser vehicle bearing registration No. HR-39-B-1490 in a rash and negligent manner, came from opposite side and hit against the motorcycle of the

-2claimant-appellant. Due to the impact, the appellant sustained grievous and multiple injuries The Tribunal awarded the compensation to the claimant as mentioned below:- On account of medical expenses Rs.1,72,000/- Loss of income during the Rs.20000/- Pain and suffering Rs.20000/- On account of injuries Rs.40000/- Total Rs.2,52,000/- 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, as the appellant has not been given anything under the head transportation, attendant, special diet etc.

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 expenses Rs.1,72,000/- Loss of income Rs.20000/- Pain and suffering Rs.30000/- On account of injuries Rs.40000/- Special Diet, Transportation and attendant Rs.30000/- Total Rs.2,92,000/- Enhanced compensation 2,92,000-2,52,000=Rs.40000/- The enhanced amount of compensation of Rs.40,000/- shall be payable within a period of forty five days from the date of receipt of

-3certified copy of this order. The enhanced amount of compensation shall carry 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.

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

08.05.2018 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No