FAO No.2329 of 1994(O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
FAO No.2329 of 1994(O&M)
Decided on : November 09, 2009
Kiran Bala
… Appellant
VERSUS
Tasvir Singh and others
… Respondents
CORAM : HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Ashish Aggarwal, Advocate for the Appellant.
None for the respondents.
A.N.JINDAL, J.-
Vide award dated 2.6.1994, Motor Accident Claims Tribunal,
Karnal had awarded compensation to the tune of Rs.1,04,000/- to claimant –
appellant Kiran Bala (herein referred as the claimant) on account of the
injuries suffered by her in a motor vehicle accident, which resulted into
amputation of her right arm.
The respondents have neither challenged the negligence, nor
their liability. However, the claimant has sought enhancement in the
compensation. As per medical evidence, her right arm has been amputated.
Driver of the offending vehicle, namely Tasvir Singh (RW1) admitted the
amputation of her right arm during the accident. Dr.D.P.Goel (PW4) also
corroborated him, saying that total disability suffered by her was 80% qua
the limb and 36% qua the whole body.
FAO No.2329 of 1994(O&M) [2 ]
As regards the quantum of compensation, it has come in
evidence that she was earning Rs.400-500/- per month, while working as
made servant in different houses. In addition to it, she must be serving in
her own house. She was 22 years old, at the time of the accident. Thus,,
while assessing the loss suffered by her at Rs.250/- per month i.e. Rs.3000/-
per annum, and after applying the multiplier of 18, the total pecuniary loss
suffered by her comes to Rs.54,000/-.
The Tribunal fell in an error in awarding compensation to the
tune of Rs.36,000/- for the disability suffered by the claimant. While
relying upon the Division Bench judgment of this Court (in case Piara
Singh and others vs. Satpal Kumar and others, 2006(4) RCR(Civil)
546), again a Division Bench of this Court in case Ram Kiran Goyal vs.
Sub Divisional Engineer, Mechanical and others, 2008(2) RCR (Civil) 103,
held as under:-
“…However, the compensation which has been awarded for
admitted permanent disability needs to be enhanced and for
that, we are inclined to follow the decision of Division Bench
of this Court referred to above where Rs.2000/- has been
awarded for 1% disability to the injured. On that count, the
compensation in respect of permanent disability which is
awarded vide Ex.P31 as 55%, the compensation is thus,
assessed @ Rs.2000/- for every 1% disability to the tune of
Rs.1,10,000/-.”
The aforesaid principle of Rs.2000/- for every 1% permaent
FAO No.2329 of 1994(O&M) [3 ]
disability, was required to be applied in the case in hand. Therefore,
keeping in view the 36% permanent disability, the Tribunal should have
awarded Rs.72,000/-, instead of Rs.36,000/-. Besides, nothing was
awarded by the Tribunal for the future treatment, transportation and for
attendant during her hospitalisation. As such, it would not be in excess, if
Rs.30,000/- are awarded on the aforesaid three heads.
As such, on due consideration of all the facts and
circumstances, the claimant Kiran Bala is held to be entitled to the
following compensation:-
Loss of Income = Rs.54,000/-
Permanent disability = Rs.72,000/-
Cost of treatment = Rs.10,000/-
Cost of future treatment = Rs.10,000/-
Transportation expenses = Rs.10,000/-
Expenses on attendant during
hospitalisation = Rs.10,000/-
Pain and Sufferings = Rs.10,000/-
TOTAL = Rs.1,76,000/-
Hence, the present appeal is partly accepted and the claimant
Kiran Bala is held entitled to Rs.1,76,000/- along with interest as per
impugned award. All other terms of the impugned award shall remain
intact.
November 09, 2009 ( A.N.JINDAL ) `gian' JUDGE