In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No. 11 of 2007
Date of decision: November 19, 2009
Nirbhay Singh
.. Appellant
Vs.
Ram Phal and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. R.C. Gupta, Advocate for
Mr. Inderjit Singh, Advocate for the appellant.
Mr. Banni Thomas, Advocate for the Insurance Company.
A.N. Jindal, J
This appeal for enhancement is directed against the award dated
22.2.2006 passed by the Motor Accident Claims Tribunal, Ambala awarding
compensation to the tune of Rs.83859/- along with interest @ 6% per
annum in favour of the claimant-appellant.
The Tribunal has awarded only a sum of Rs.50,000/- on
account of disability to the extent of 20% which the injured suffered. It has
also not awarded anything though he has undergone two surgical
operations. Nothing was paid on account of transportation, attendant and
special diet. The injured remained admitted in the hospital from 16.6.2003
to12.7.2003. A lot of money must have been spent on transportation,
attendant and special diet.
Keeping in view the gravity of the injuries and the expenses
which he must have spent on account of two surgical operations and the
disability, as such a lump sum amount of Rs.50,000/- needs to be enhanced.
Consequently, the appeal is partly allowed and the award is
modified. Now the claimant would be entitled to receive a sum of
Rs.50,000/- over and above the award amount which would be paid by the
Insurance Company within 45 days from the date of receipt of copy of the
order failing which the claimant would be entitled to receive interest at the
same rate as awarded by the Tribunal.
November 19, 2009 (A.N. Jindal) deepak Judge