Master Amit vs Baljeet Singh And Another on 9 December, 2008

FAO No. 1307 of 1989                 1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                           FAO No.1307 of 1989
                          Decided on : 09-12-2008

Master Amit
                                                  ....Appellant
                   VERSUS

Baljeet Singh and another                         ....Respondents

CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER

Present:- Mr. A.S.Tewatia, Advocate for the appellant

Mr. Inderjit Sharma, Advocate for the Insurance Company

MAHESH GROVER, J

This appeal is directed against the award of the Motor Accident

Claims Tribunal, Hisar dated 29.8.1989.

The appellant was 14 years of age when he met with an

accident on 14.12.1988.

He suffered injuries which have been detailed in the testimony

of PW 5 Dr. M.R.Sapra, which is reproduced as under:-

“Patient Amit aged 14 years son of Kuldeep Singh

present in the Court today, was admitted in my hospital on 14.12.1988

with fracture of left femur caused by a vehicular accident. He was

operated upon and was discharged on 9.1.1989. A sum of Rs. 8,952/-

were charged as total amount by way of investigation, room rent,

enthesia and operation fee vide receipt Ex. P.6/A, Exs. P.7 to P.29 are

the bills of the drug store. The child was left behind a temporary

disability which would have recovered in a period of one to two years

but for the 2nd fracture he sustained about 2 ½ months back which has

delayed his recovery by another two years. The nail fitted will have
FAO No. 1307 of 1989 2

to be removed after some years when all disability has dis-appeared

by operation, which will involve expenditure.”

as a result of the treatment of the aforesaid injuries he had to be operated

and steel rod has to be inserted. He remained hospitalised from 24.12.88 to

9.1.1989. The Tribunal awarded a compensation of Rs.15,000/- under the

following heads:-

1. Medical Treatment             Rs.4,000/-

2. Special Diet                  Rs.1,000/-

3. Transportation                Rs.1,000/-

4. Doctor's fee                  Rs.9,000/-

I am afraid the reasoning adopted by the Tribunal is not correct.

Rs.4,000/- for the medical expenses, Rs.1,000/- each for special diet for

transportation and Rs.9,000/- for doctor’s fee do not warrant any

interference. However, the Tribunal failed to take into account the amount

which has been awarded for pain and suffering. The appellant had suffered

fracture for which he had to be operated and steel rod has to be inserted.

Nothing has been awarded under this head. Therefore, another sum of

Rs.15,000/- is awarded to the appellant for pain and suffering.

The enhanced amount of compensation shall be paid alongwith

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

the date of its realisation.

The liability to satisfy the award shall remain the same as has

been determined by the Tribunal.

With the aforesaid modifications, the appeal stands disposed of.

December 9 , 2008                               (Mahesh Grover)
rekha                                              Judge