High Court Punjab-Haryana High Court

Gurmeet Singh vs Kailash Kumar And Others on 1 September, 2009

Punjab-Haryana High Court
Gurmeet Singh vs Kailash Kumar And Others on 1 September, 2009
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                         FAO No.5385 of 2008 (O&M)
                         Date of Decision 01.09.2009

Gurmeet Singh
                                                   ......Appellant
                       VERSUS
Kailash Kumar and others
                                                   ......Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:    Mr.Manpreet Singh Longia, Advocate,
            for the appellant.

            Mr.Radhey Shyam, Advocate,
            for respondent No.3-Insurance Company.

                         *****

A.N.JINDAL, J(ORAL):

C.M.No.27043-CII of 2008

Allowed as prayed for.

FAO No.5385 of 2008

This appeal for enhancement is directed against the award dated

13.02.2008, passed by Motor Accident Claims Tribunal, Ropar, awarding

compensation to the tune of Rs.60,000/- alongwith interest @ 6% per

annum in favour of the claimant-appellant (herein referred as ‘the appellant’)

on account of injuries suffered by him in a motor vehicle accident and

against the respondents jointly and severally.

It has come in evidence that appellant suffered fracture on his

right leg and he remained hospitalized in civil hospital, Kharar w.e.f.

03.09.2006 to 11.09.2006 where surgical operation was performed upon

him and nails were inserted in his right leg. He has produced medical bills

and prescription slips Ex.P8 to Ex.P37. The appellant is stated to have

suffered permanent disability to the extent of 25% as per disability
FAO No.5385 of 2008 (O&M) -2-

certificate Ex.P2. It has been further recorded that he remained confined to

bed for about four or five months for want of recovery on account of

injuries suffered by him in the accident.

However, learned counsel for the appellant has offered to settle

the appeal if the compensation is enhanced to Rs.40,000/- over and above

the award amount to which learned counsel for respondent No.3 agrees.

As such, with the consensus between the parties, this appeal is

partly accepted and the impugned award is modified by enhancing

compensation of Rs.40,000/- over and above the award amount which will

be paid by the respondent-Insurance Company within 45 days on the receipt

of copy of the order, failing which the appellant would be liable to receive

the interest on the enhanced amount at the same rate, as awarded by the

Tribunal.

(A.N.Jindal)
Judge
01.09.2009
mamta-II