Kali Ram vs Balwan Singh And Others on 4 December, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                          FAO No.1788 of 2008(O&M)
                          Date of Decision 04.12.2009

Kali Ram
                                                  ...... Appellant
                          VERSUS

Balwan Singh and others
                                                  ...... Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:    Mr.Dalel Singh Nain, Advocate,
            for the appellant.

            Mr.N.K.Khosla, Advocate,
            for the respondent-insurance Company.

                          *****

A.N.JINDAL, J(ORAL):

This appeal for enhancement is directed against the award

dated11.06.2007, passed by Motor Accident Claims Tribunal, Kaithal,

(herein referred as ‘the Tribunal’) awarding compensation to the tune of

Rs.68,000/- alongwith interest @ 7.5% per annum in favour of the

appellant-claimant (herein referred as ‘the claimant’) on account of the

injuries suffered by him in a motor vehicular accident.

The respondents have neither challenged the negligence nor the

liability to pay the compensation. However, enhancement has been sought

by the claimant.

PW1 Dr.Balwinder Kumar, who had medico legally examined

the claimant, proved the M.L.R. Ex.P1. PW3 Dr.S.K.Jain testified that he

being the Member of the Board of the Doctors found that there was

shortening of the right lower limb by 2 inches and mild restriction of

movements at the right ankle and the knee joint and in the index and middle

finger of the right hand. The Board of Doctors certified that the disability
FAO No.1788 of 2008(O&M) -2-

suffered by the claimant was 20% and there was shortening of leg by 2

inches. The Tribunal appears to have fallen in error while awarding

compensation to the tune of Rs.25,000/- for 20% disability whereas it

should have been Rs.50,000/-. As such, the Tribunal should have awarded

Rs.50,000/- on account of disability. The Tribunal awarded inadequate

compensation on account of medical expenses, transportation, special diet

and attendant charges, therefore, it also needs to be enhanced by

Rs.30,000/-. Nothing was awarded on account of operation, the claimant

had undergone and meagre sum was awarded on account of loss of income.

Thus, another sum of Rs.20,000/- would be sufficient on these heads As

such, the claimant is entitled to a sum of Rs.75,000/- over and above the

award amount.

Resultantly, this appeal is partly accepted and the impugned

award is modified by enhancing compensation to the tune of Rs.75,000/-

over and above the award amount. However, the claimant would be entitled

to receive interest on the enhanced amount at the same rate as awarded by

the Tribunal. No order as to costs.

(A.N.Jindal)
Judge
04.12.2009
mamta-II