In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No.2183 of 2008
Date of decision: November 16, 2009
Babli Devi
.. Appellant
Vs.
Satish Kumar and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. R.S. Rana, Advocate for the appellant.
Mr. R.S. Budhwar, Advocate for the respondent No.1.
Mr. D.P. Gupta, Advocate for the Insurance Company.
A.N. Jindal, J
This appeal for enhancement is directed against the award dated
4.1.2008 passed by the Motor Accident Claims Tribunal, Kurukshetra,
awarding compensation to the tune of Rs.1,71,225/- along with interest @
9% per annum in favour of the appellant-claimant (herein referred as 'the
claimant').
The claimant has sought enhancement of the compensation on
the ground that she suffered 80% disability and her right leg was amputated.
The compensation so awarded by the Tribunal is too meager to pull on rest
of her life.
Arguments heard.
The claimant, an young lady in her twenties, has been disabled
due to the unfortunate accident. She received multiple, grievous and serious
injuries, resultantly, her right upper leg with knee was crushed. She
remained admitted in the P.G.I. Chandigarh w.e.f. 18.1.2006 to 22.1.2006
and allegedly spent Rs.1,50,000/- on her treatment. She has proved medical
bills Ex.P8 to Ex.P11. The Medical Board assessed her disability to the
extent of 80%. Because of the amputation of the leg above the right knee,
she had to suffer a lot on account of pain and suffering, attendant and she
F.A.O. No.2183 of 2008 -2-
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needs money for replacement of limb also but the Tribunal awarded
compensation on the following heads :-
1. For disability of 80% Rs.1,60,000/-
2. For pain, suffering and special diet Rs.10,000/-
3. For medical bills Rs.1225/-
Total Rs.1,71,225/-
Be that it may, due to illiteracy, poverty and lack of
understanding and other technical problems which may intervene in the
adjudication of the claim petition, the claimant could not bring evidence
regarding expenses made on treatment. But, in view of the peculiar facts
and circumstances that the leg of the claimant was crushed above the knee
for which she had to undergo many operations, ultimately it was amputated.
She remained admitted in the P.G.I. Chandigarh for sufficient time. She
needed money for special diet and attendant. She had also to spend money
on transportation, future treatment, fitting and replacement of artificial
limb. She must have paid money to the doctors for her treatment. The
Tribunal fell in error while not awarding compensation on the aforesaid
heads. It may also be observed that for such a serious accident in which leg
of the claimant was found to be amputated, the Tribunal had counted small
amount on medical bills.
As such, keeping in view that the claimant underwent many
operations, pain and sufferings, spent lot of money on transportation,
purchase of medicines, treatment, attendant, on transportation for her
continuous visit to the hospital for fixation of the artificial limb, therefore,
this court needs to enhance the compensation. Now the claimant would be
entitled to receive compensation as under :-
1. For disability of 80% Rs.2,00,000/-
2. For fixation of artificial limb Rs.50,000/-
and its replacement in future
3. For medicines Rs.20,000/-
4. For pain and sufferings Rs.10,000/-
5. For transportation Rs.10,000/-
6. For attendant Rs.10,000/-
Total Rs.3,00,000/-
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As such, this appeal is partly allowed and the claimants would
be entitled to receive compensation of Rs.1,28,775/- over and above the
award amount along with interest at the same rate as awarded by the
Tribunal. No others as to costs.
November 16, 2009 (A.N. Jindal) deepak Judge