IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
F.A.O. No. 1316 of 1989
Date of Decision: 9.12.2008
Smt.Mamo and others
....... Appellants through Shri
Baljinder Singh, Advocate
for Shri K.S.Dhaliwal,
Advocate.
Versus
Ishwar Singh and others.
....... Respondent nos. 1 and 2
through Shri Arvind
Bansal, Advocate for Shri
Rakesh Nagpal, Advocate.
Respondent no.3 through
Shri R.K.Bashamboo,
Advocate.
CORAM: HON'BLE MR.JUSTICE MAHESH GROVER
....
1. Whether Reporters of Local Newspapers may be allowed to
see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
....
Mahesh Grover,J.
This appeal is directed against award dated 8.2.1989 passed by
the Motor Accident Claims Tribunal, Jind (for short, `the Tribunal’) in
M.A.C.T. Case No. 22 of 20.4.1987.
Initially, Phulu, who was injured in a motor vehicular accident
which took place on 20.9.1986, had filed a claim petition for grant of
compensation, but during the pendency of the proceedings, he died and as a
result of this, his legal representatives, who are appellants, were impleaded
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as claimants. They pleaded that the death of Phulu was on account of the
injuries sustained by him in the accident in question and, therefore,
compensation may be granted to them.
After appraisal of the entire evidence on record, the Tribunal
came to the conclusion that the factum of death being related to the accident
was not established. However, it awarded a sum of Rs.10000/- to the
appellants along with interest at the rate of 12% per annum from the date of
claim petition till realisation on account of injuries having been received by
the deceased in the accident. The insurance company of the offending
vehicle was directed to pay the aforesaid amount of compensation.
Dis-satisfied with the award of the Tribunal, the appellants
have come up in appeal.
Learned counsel for the appellants contended that the Tribunal
ought to have granted compensation for the death of the deceased and in any
case, it should have awarded more amount for his injuries which he had
suffered in the accident as the same stood established on the record.
On the other hand, learned counsel for the Insurance Company
contended that since there is nothing on the record to connect the death of
the deceased with accident, no compensation on that account could be
awarded to the appellants. He further pointed out that there is not an iota of
evidence to suggest that the deceased even suffered any injuries in the
accident.
After hearing the learned counsel for the parties and perusing
the record, I am of the opinion that the award of the Tribunal deserves to be
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modified.
PW1-Dr.Brijpal, Medical Officer, Civil Hospital, Jind, testified
that on 20.9.1986, he had medically examined Phulu and found the
following injuries:-
1. Freshly bleeding lacerated wound 6 x 2.5 cm in size on right
side of occipital region of skull, skin deep.
2. Freshly bleeding abrasion 2 in number of 2 x 1 cm on front
and medial side of left knee joint.
3. There were 3 freshly bleeding abrasions on lateral side of
right knee joint.
This witness further stated that injury no.1 was kept under
observation, whereas injury nos. 2 and 3 were simple in nature. He also
deposed that these injuries could be received in a motor vehicle accident
and duration thereof was within six hours.
PW6-Dr.S.S.Sangwan, Reader and Head Orthopedic Unit-II,
Medical College & Hospital, Rohtak, deposed that Phul Singh was
admitted in their hospital on 6.10.1986 and was discharged on 30.7.1987.
He further deposed that the patient was having traumatic paraplegia i.e.
Paralysis of both the lower limbs. This witness stated that the patient was
discharged on his own request and that when he came to their hospital, he
was having 100 per cent permanent disability as he was unable to move
about.
Phulu is said to have died on 10.9.1987, i.e., barely two months
after he was discharged from the hospital. However, unfortunately, there is
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nothing on record to connect the death of the deceased with the accident.
Although there is evidence to suggest that the death of the deceased had
taken place not long after the discharge from the hospital, yet, the Court
cannot accept the contention of the appellants that it happened on account
of the accident in question. Therefore, the appellants are not entitled to any
compensation on account of the death of Phulu. The finding of the
Tribunal in this regard is upheld.
However, there is sufficient material on record to show that
Phulu was injured in the accident which took place on 20.9.1986 as on that
day, he was medically examined by PW1-Dr.Brijpal, who found the above
mentioned injuries on his person. Further, PW6-Dr.S.S.Sangwan has stated
that the deceased had 100% permanent disability and remained admitted in
hospital from 6.10.1986 to 30.7.1987, implying thereby that for almost ten
months of hospitalization he had suffered before he sought discharge. In
this eventuality, the Court is of the considered opinion that a substantial
amount must have been spent for treatment of the injuries sustained by the
deceased and at least that amount could not have been denied to the
appellants.
Keeping in view the facts and circumstances of the case where
the deceased had suffered 100% disability; and remained admitted in the
hospital for about ten months, he would have required the services of an
attendant throughout, besides spending money on medicines, transportation
and taking special diet, I am of the opinion that it would be just and
appropriate if a consolidated sum of Rs.1,00,000/- (Rs.one lac) is awarded
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to the appellants as compensation. Ordered accordingly.
The enhanced compensation shall be payable along with
interest at the rate of 9% per annum from the date of claim petition till the
date of realisation.
The liability to pay the enhanced compensation and interest
shall be the same as has been determined by the Tribunal.
The impugned award is modified to the above extent and the
appeal is allowed in the aforementioned terms.
December 09,2008 ( Mahesh Grover ) "SCM" Judge