Charan Dass vs Fauja Singh And Others on 9 December, 2008

FAO No. 1195 of 1989                1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                          FAO No. 1195 of 1989
                         Decided on : 09-12-2008

Charan Dass
                                                ....Appellant

                             VERSUS

Fauja Singh and others

                                                ....Respondents

CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER

Present:- Mr. Jagdish Manchanda, Advocate for the appellant

Mr. Inderjit Sharma, Advocate for Insurance Company.

MAHESH GROVER, J

This appeal is directed against the award of the Motor Accident

Claims Tribunal, Karnal dated 19.7.1989.

The appellant has suffered 10% disability when he got his right

arm fractured in an accident which took place on 8.8.1988. Dr.P.K.Bhatia

opined that the same can be improved with the passage of time. Therefore,

the Tribunal assessed permanent disability as 6% and awarded a total

compensation of Rs.14,200/- under the following heads:-

1.Loss of income             Rs.2700/-

2. Medicines                 Rs.1500/-

3. Pain & suffering          Rs.10,000/-

After perusal of the award and on consideration of the

submissions made by the learned counsel for the appellant, I am of the

considered opinion that the award deserves to be modified. Amounts
FAO No. 1195 of 1989 2

awarded under heads loss of income and medicines do not warrant any

interference. However, amount of Rs.10,000/- awarded on account of

general damages needs to be modified slightly. Even if the permanent

disability has been taken to be 6%, the appellant is entitled to an amount of

Rs. 2000/- per disability i.e. Rs.12,000/- and an amount of Rs.5,000/- is

further awarded for pain and suffering. In this manner, amount under this

head i.e. General damages comes to Rs.17,000/-. Therefore, the appellant is

entitled to a total compensation of Rs.21,200/-.

The enhanced amount of compensation shall be paid alongwith

interest at the rate of 9 % per annum from the date of filing of petition till

the date of its realisation.

The liability to pay the amount shall be the same as has been

determined by the Tribunal.

The appeal stands allowed in the aforesaid terms and the award of

the Tribunal is modified accordingly.

December 9 , 2008                                    (Mahesh Grover)
rekha                                                  Judge