FAO No. 3809 of 2001 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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FAO No. 3809 of 2001
Date of decision : January 6, 2009
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Kitaba
............Appellant
Versus
Dharam Pal and others
...........Respondents
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CORAM: HON'BLE MR. JUSTICE JORA SINGH
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Present: Mr. Gurmail Singh, Advocate for the petitioner.
Mr. Vinod Gupta, Advocate for the respondents.
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JORA SINGH, J.
Kitaba preferred this appeal against the award dated
5.4.2001 passed by Motor Accident Claims Tribunal, Kaithal,
whereby claim petition was accepted and compensation of
Rs.1,70,000/- with interest @ 9% per annum was passed in favour of
the appellant on account of the injury suffered in the roadside
accident.
On 4.6.1998 at 8:30 A.M, appellant along with some other
persons was travelling in jeep bearing registration no. HR31-PA-0308
driven by Dharam Pal-respondent no.1. Jeep was being driven
rashly and negligently. Driver was requested to drive the jeep slowly.
FAO No. 3809 of 2001 2
But, he did not care and struck the jeep against a Neel Gai (animal).
Jeep fell into the pits adjoining the road. In the accident, Balwant
Singh received multiple grievous injuries and became unconscious
and later on died in the Hospital. Appellant had received multiple
grievous injuries and was admitted in Jindal Orthopaedic Hospital,
Kaithal.
Respondents no. 1 & 2 filed joint written statement on the
allegation that there was no accident as alleged by the appellant.
Respondent no.3 filed written statement by admitting the fact that the
jeep was insured but the jeep was being driven in contravention of
the terms and conditions of the insurance policy and the driver was
not holding a valid driving licence at the time of accident.
Evidence was led by both the parties. Ultimately,
appellant was awarded a sum of Rs.1,70,000/- with interest @ 9%.
Feeling aggrieved against the award dated 5.4.01, appeal
was preferred by Kitaba.
Notice was issued to the respondents.
I have heard learned counsel for the parties and have
gone through the evidence on the file, learned counsel for the
appellant argued that the appellant received multiple grievous injury
due to rash and negligent driving of jeep by respondent no.1.
Appellant remained in the hospital and suffered permanent disability
but no amount was awarded under the head loss of income and
attendant’s charges. Amount awarded on account of pain and
suffering is towards the lower side. Consolidated amount awarded
on account of service rendered by the helper/attendant, payment
FAO No. 3809 of 2001 3
towards special diet and transportation is also on the lower side.
Appellant requested to modify the award.
Learned counsel for the Insurance company argued that
as per evidence on the file compensation awarded is reasonable. No
scope for enhancement of compensation.
Evidence shows that there was an accident due to rash
and negligent driving of jeep No. HR31-PA-0308 by respondent no.1
and in the accident, appellant received multiple grievous injuries.
Appellant remained admitted in the hospital from 6.11.2002 to
26.12.2002. Permanent disability was assessed to be 25%. Ex.p-
7/A is the disability certificate. As per Dr. R.K Jindal, appellant
remained admitted in the hospital from 4.6.1998 to 15.6.1998.
Fracture of neck and femure was detected. Appellant was operated
upon. Screws were inserted. All the medical bills on the file were
taken into consideration. As per medical bills, total payment was
Rs.1,08,459/-. Disability was 25%. Rs.1,30,000/- was awarded as
compensation on account of treatment expenses, conveyance
charges and special diet etc. Rs.40,000/- was awarded on account
of pain and suffering and disability but no payment was awarded
under the head Attendant’s charges and loss of income. An amount
of Rs.15,000/- is payable under the head `Loss of income’ and
Rs.20,000/- under the head `Service Rendered by Helper/Attendant’.
In view of the all discussed above, award dated 5.4.2001
is modified. Respondents are directed to pay Rs.35000/- as
enhanced compensation with interest @ 9% from the date of filing of
claim petition till realisation. In view of the aforementioned
FAO No. 3809 of 2001 4
discussion, award dated 5.4.2001 is ordered to be modified
accordingly.
Disposed of accordingly.
January 6, 2009 ( JORA SINGH ) ritu JUDGE