IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.5385 of 2008 (O&M)
Date of Decision 01.09.2009
Gurmeet Singh
......Appellant
VERSUS
Kailash Kumar and others
......Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Manpreet Singh Longia, Advocate,
for the appellant.
Mr.Radhey Shyam, Advocate,
for respondent No.3-Insurance Company.
*****
A.N.JINDAL, J(ORAL):
C.M.No.27043-CII of 2008
Allowed as prayed for.
FAO No.5385 of 2008
This appeal for enhancement is directed against the award dated
13.02.2008, passed by Motor Accident Claims Tribunal, Ropar, awarding
compensation to the tune of Rs.60,000/- alongwith interest @ 6% per
annum in favour of the claimant-appellant (herein referred as ‘the appellant’)
on account of injuries suffered by him in a motor vehicle accident and
against the respondents jointly and severally.
It has come in evidence that appellant suffered fracture on his
right leg and he remained hospitalized in civil hospital, Kharar w.e.f.
03.09.2006 to 11.09.2006 where surgical operation was performed upon
him and nails were inserted in his right leg. He has produced medical bills
and prescription slips Ex.P8 to Ex.P37. The appellant is stated to have
suffered permanent disability to the extent of 25% as per disability
FAO No.5385 of 2008 (O&M) -2-
certificate Ex.P2. It has been further recorded that he remained confined to
bed for about four or five months for want of recovery on account of
injuries suffered by him in the accident.
However, learned counsel for the appellant has offered to settle
the appeal if the compensation is enhanced to Rs.40,000/- over and above
the award amount to which learned counsel for respondent No.3 agrees.
As such, with the consensus between the parties, this appeal is
partly accepted and the impugned award is modified by enhancing
compensation of Rs.40,000/- over and above the award amount which will
be paid by the respondent-Insurance Company within 45 days on the receipt
of copy of the order, failing which the appellant would be liable to receive
the interest on the enhanced amount at the same rate, as awarded by the
Tribunal.
(A.N.Jindal)
Judge
01.09.2009
mamta-II