Bharat Bhushan vs Shri Anant Ram And Others on 27 November, 2009

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                         FAO No.871 of 1994(O&M)
                         Date of Decision 27.11.2009
Bharat Bhushan
                                                  ...... Appellant
                       VERSUS
Shri Anant Ram and others
                                   ...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:     Mr.Ashit Malik, Advocate, for the appellant.

         Mr.Vinod Kumar Gupta, Advocate,
         for respondent-Insurance Company.
                     *****

A.N.JINDAL, J(ORAL):

This appeal for enhancement is directed against the award
dated16.02.1994, passed by Motor Accident Claims Tribunal, Karnal,
awarding compensation to the tune of Rs.74,500/- alongwith interest @
12% per annum in favour of the appellant-claimant (herein referred as ‘the
appellant’) on account of the injuries suffered by him in a motor vehicular
accident.

Since the appellant suffered 25% disability, therefore, at least
Rs.50,000/- instead of Rs.25,000/- as already awarded, must have been
awarded to him on account of such disability. The Tribunal has also fallen
in error while awarding meagre compensation on other heads. However,
Learned counsel for the appellant has offered to settle the appeal if the
compensation is enhanced to Rs.25,000/- over and above the award amount
to which learned counsel for respondent-insurance Company agrees.

As such, with the consensus arrived at between the parties, this
appeal is partly accepted and the impugned award is modified by enhancing
compensation to the tune of Rs.25,000/- over and above the award amount
which will be paid by the respondent-Insurance Company within 45 days
from the date of receipt of copy of the order, failing which the appellant
would be entitled to receive the interest on the enhanced amount at the same
rate, as awarded by the Tribunal.

(A.N.Jindal)
Judge
27.11.2009
mamta-II