Aman Kumar v. Suresh Kumar And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: July 17, 2019 Aman Kumar .....Appellants

Versus

Suresh Kumar and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Gopal Sharma, Advocate for the appellant.

Mr.Gulshan Nandwani, Advocate for respondent Nos.1 and 2.

Mr.V.M.Gupta, Advocate with Mr.Anshul Sharma and Mr.Varun Mittal, Advocates for respondent No.3.

........

NIRMALJIT KAUR, J. (ORAL) CM-2147-CII-2015 For the reasons mentioned in the application, the same is allowed and delay of 189 days in filing the appeal is condoned. The appeal has been filed for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Rewari vide Award dated 05.04.2014 vide which the total amount of `8,52,603.00 has been granted in a case where the permanent disability suffered by the appellant is 70%. While praying for enhancement, learned counsel for the appellant submitted that nothing has been awarded towards future prospects or towards his

-2marriage prospects taking into account that he was only 18 years of age. Learned counsel for the respondent-Insurance Company, however, while opposing the prayer for enhancement submitted that it is a case of injury and that the injury is not such which shall deprive the appellant of future prospects or marriage prospects. It is further stated that loss on account of disability has already been granted. Hence, the appellantclaimant is not entitled to any further enhancement especially taking into account that such injury is not qua the full body and is only qua limb. Having heard learned counsel for the parties, there appears to be merit in the argument of both the parties.

It is correct that the disability suffered by the appellant-claimant is 70% and the said disability being permanent and with no evident sign of improvement is likely to only get worse. The injured is only 18 years of age and such an injury is bound to come in his way of seeking a certain kind of job and his choice to select service would be limited. Therefore to say that the appellant is not entitled to any future prospects or marriage prospects is not correct. At the same time, keeping in mind that an amount of `7,56,000.00 has already been awarded on account of loss of income on account of disability, interest of justice would be met if some amount is awarded towards loss of future prospects as well as marriage prospects to the extent of `2,00,000.00.

In view of the above, the amount already granted towards compensation is enhanced by an amount of `2,00,000.

-3copy of this order. In case the said amount is not deposited within two months from the date of receipt of a copy of this order, the same shall be deposited alongwith interest @ 12% from the expiry of the said two months. Disposed of accordingly.

July 17, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No