Ravinder Singh vs Union Of India And Others on 17 December, 2008

FAO No. 623 of 1992                   1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                            FAO No. 623 of 1992
                           Decided on : 17-12-2008

Ravinder Singh
                                                  ....Appellant

                      VERSUS


Union of India and others

                                                  ....Respondents

CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER

Present:- Mr. Tarundeep Kumar, Advocate for the appellant.

MAHESH GROVER, J

This appeal is directed against the award of the Motor Accident

Claims Tribunal, Ropar dated 3.10.1991.

The appellant suffered the following injuries in an accident

which took place on 15.2.89 and which have come in the testimony of PW5

Dr. Dilbagh Singh as discussed in Para 9 of the award:-

“Ravinder Singh had sustained fracture of right

femurbone, fracture of left femur with vascular injury. A nail was

inserted in the left femur. The left thigh had to be amputed above the

knee on 4.3.89. According to him Rabinder Singh was having 85%

disability of left femur limb and 15% of right lower limb.”

The disability of the appellant was assessed as 85% for left leg

and 15% for right leg. He remained hospitalised for 25 days. Tribunal

awarded him a compensation of Rs.1 lakh (Rs. 50,000/- under the head of

general damages and another sum of Rs.50,000/- for pecuniary damages)
FAO No. 623 of 1992 2

Dis-satisfied with the award, the appellant is in appeal.

After hearing learned counsel for the appellant, I am of the

considered opinion that the award of the Tribunal deserves to be modified.

The appellant was a young man of 17 years and student of XI

class when he suffered injuries in the accident. One of his leg has been

almost rendered useless and disability was assessed as 85% and in the other

leg 15%. Being a student of 17 years his active life had apparently been

curtailed. Considering disability of both the legs, the amount awarded

under the head of pecuniary damages is enhanced from Rs.50,000/- to Rs. 2

lakhs. Rest of the amount does not warrant any interference. Therefore, the

appellant is entitled to a total compensation of Rs. 2,50,000/-.

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 17 , 2008                              (Mahesh Grover)
rekha                                             Judge