FAO No.339 of 1996 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
FAO No.339 of 1996
Date of decision: January 07, 2009
Surjit Kaur ...Appellant
Versus
Joginder Singh and others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr.Kapil Khanna, Advocate, for the appellant.
Mr. R.S. Ahluwalia, Advocate, for respondents No.2 & 3.
Rajan Gupta, J.
This is an appeal against the Award of the Motor Accident
Claims Tribunal, Kurukshetra whereby a total compensation of
Rs.19,910/- has been granted to the appellant in respect of injuries
suffered by her in the accident which took place on 29th October, 1993.
Dissatisfied with the award, the claimant has preferred the present
appeal.
The appellant was travelling alongwith his family on a
motor cycle bearing No. HR-41/0274 from Kurukshetra to Pehowa. At
about 5.30 P.M. when they reached in the area of Lohar Majra, Tehsil
Pehowa, a bus No.PB-11C/9523 being driven rashly and negligently by
driver Joginder Singh, struck against the motor cycle, damaging the
motor cycle and injuring the appellant and her family. The appellant
suffered fracture of superior and inferior pubic rami and fracture of
acetabular floor as well fracture of clavicle. She remained in the
FAO No.339 of 1996 2
hospital from 2nd November, 1993 to 6th November, 1993. To prove the
injuries, Dr. J.P. Bharal, Orthopaedic Surgeon stepped into the witness
box as PW3. The said witness also deposed that the appellant had
suffered permanent disability to the extent of 15%. According to this
witness, this disability was assessed by a Board constituted on the order
of Chief Medical Officer. The doctor also stated that during the period
of treatment of the appellant, special diet was prescribed.
Taking all the factors into consideration the Tribunal
awarded Rs.15,000/- in respect of the disability, Rs.2300/- on account of
transport charges and Rs.2610/- on account of medical expenses.
I have heard learned counsel for the parties in the matter.
It is evident that in respect of the disability suffered by the
appellant, compensation @ Rs.1000/- for every 1% disability has been
granted. Thus, adequate compensation has been granted in respect of
the disability suffered by the appellant. Expenses for transport and
treatment have also been granted on the basis of available evidence.
However, expenses in respect of engagement of a maid-servant have
been declined by the Tribunal on the ground that no receipt was
produced on record. No amount has been granted for the special diet
which the appellant was required to take during her treatment.
I am of the considered view that the appellant, who is 48
years old lady, must have required an attendant for the period she
underwent treatment. From the evidence of the Orthopaedic Surgeon,
who stepped into witness-box as PW3 it is clear that the appellant
FAO No.339 of 1996 3
suffered multiple fracture in the pelvic region. It is, therefore,
understandable that the appellant would have required an attendant
during the period she underwent treatment. The doctor also deposed
that special diet was prescribed to the appellant. Thus, in my view, it
will meet the ends of justice if Rs.5000/- is awarded to the appellant as
expenses for the attendant and Rs.5000/- for special diet during the
period of treatment.
In this view of the matter the total compensation payable is
enhanced to Rs.29,910/-. The appellant shall be entitled to claim
interest @ 6% per annum on the enhanced amount of Rs.10,000/- from
the date of filing the claim petition till realization.
The appeal is allowed in the aforesaid terms.
(RAJAN GUPTA)
JUDGE
January 07, 2009
‘rajpal’