Krishan @ Krishankant v. Rajbir And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 04.12.2024 KRISHAN @ KRISHANKANT .... Appellant

VERSUS

RAJBIR AND ORS .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sandeep Kumar Yadav, Advocate for the appellant. Mr. D.K. Prajapati, Advocate for respondent No.3. ALKA SARIN, J. (ORAL) 1.

The present appeal has been preferred by the injured - Krishan @ Krishankant - aggrieved by the quantum of compensation awarded vide the award dated 11.01.2017 passed by the Motor Accident Claims Tribunal, Narnaul (hereinafter referred to as 'the Tribunal') on account of the injuries received by him in a motor vehicular accident. 2.

The Tribunal had awarded a total amount of ₹66,793 to the injured-appellant on account of injuries received by him out of which ₹26,793 was awarded towards medical bills; ₹30,000 towards transportation, nutritious diet, attendant charges; ₹5,000 under the head loss of income and ₹5,000 under the head pain and suffering.

3.

Learned counsel for the injured-appellant would contend that the injured-appellant remained admitted in hospital from 09.11.2014 to 07.12.2014 and also underwent a surgery on 10.11.2014 (Ex.PW-5/B). It is

-2further the contention of the learned counsel that the injured-appellant was a street hawker and he could not earn his daily wage on account of the fact that he was admitted in the hospital for a period of almost one month. It is further the contention that the amounts awarded under the heads attendant charges, special diet and pain and suffering are also on the lower side. 4.

Per contra, the learned counsel for respondent No.3 has vehemently argued that sufficient amount has already been awarded as compensation in the present case and that there is no scope of any enhancement.

5.

Heard.

6.

In the present case it has been proved on the record that the injured-appellant remained in hospital for almost a month. For the period he remained admitted in the hospital, the injured-appellant suffered loss of income. The minimum wages at the relevant point of time for an unskilled worker was ₹5,547. Hence this Court deems it appropriate to award ₹5,547 towards loss of income for a period of one month. For the period the injuredappellant remained hospitalized, he would have required an attendant and hence an amount of ₹5,547 on the basis of minimum wages is awarded towards one attendant. ₹30,000 is awarded under the head transportation and nutritious diet. On account of pain and suffering, only an amount of ₹5,000 has been awarded by the Tribunal. Keeping in view the fact that the injuredappellant remained admitted in the hospital for a period of almost a month, the amount under the head pain and suffering is increased to ₹50,000. ₹26,793 awarded on account of the medical bills is maintained.

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Accordingly, the reworked compensation is as under : Sr. No.

Heads Compensation Awarded Loss of income ₹5,547 Transportation and nutritious diet ₹30,000 Pain and suffering ₹50,000 4.

Medical Bills ₹26,793 5.

Attendant charges ₹5,547 Total Compensation ₹1,17,887 8.

The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 7.5 % per annum from the date of filing of the claim petition till the realization of the entire amount. 9.

In view of the above discussion, the present appeal is allowed and the award passed by the Tribunal is modified accordingly. Pending applications, if any, also stand disposed off. 04.12.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No