Bhupinder Singh vs Manjit Singh and Others

Rekha Mittal, J.

Bhupinder Singh, the injured victim is in appeal for enhancement of compensation in regard to injuries sustained by him in a motor vehicular accident on 29.11.2009 due to rash and negligent driving of truck bearing No. HR-58-C-2222. Counsel for the appellant contends that the learned Motor Accident Claims Tribunal, Ambala (for short the Tribunal'') awarded compensation to the tune of Rs. 2,66,000/- for pecuniary loss and Rs. 3,000 for non-pecuniary damages making total amount of Rs. 2,69,000/- under the following heads:

Counsel for the appellant contends that no compensation has been awarded in regard to loss of income and services of an attendant during period of treatment and subsequent thereto. Compensation awarded for disability, pain and suffering, special diet, transportation charges is on lower side and liable to be enhanced.

Counsel for the contesting respondent has supported the award passed by the Tribunal with the submissions that as the appellant has been paid more compensation in regard to medical expenses, there is no justification for enhancement of compensation.

I have heard counsel for the parties and perused the records.

The learned Tribunal has allowed reimbursement of medical expenses on the basis of documents Ex. P-3 to Ex. P-5 and Ex. P-8 to Ex. P-38. The appellant examined Dr. Ashok Nandra to prove the nature of injuries sustained, medical treatment in regard thereto and period of hospitalization during which two operations were conducted on 30.11.2009 and 18.12.2009.

Keeping in view nature of injuries, period of treatment and documents exhibited on record, I do not find any error in the findings of the Tribunal in allowing compensation in regard to medical expenses to the tune of Rs. 2,42,000/-.

The disability certificate (Ex. P-7) was proved and as per assessment made by the Medical Board, the injured victim suffered disability on account of post traumatic decreased range of movements of right knee which is likely to be permanent.

In view of extent of disability and its nature when examined in the light of Division Bench judgment of this Court in Ram Kiran Goyal Vs. Sub Divisional Engineer, Mechanical and Others, , the appellant shall be entitled to Rs. 40,000/- @ Rs. 2,000/- per percent.

The appellant remained admitted in the hospital initially from 29.11.2009 to 04.12.2009 and thereafter from 11.12.2009 to 23.12.2009 for a total period of about 19 days. As per testimony of Dr. Ashok Nandra, the appellant suffered compound comminuted fracture right knee, lower end femur, upper end tibia with multiple small fragments of patella and the joint was open. He was operated on 30.11.2009 when his limb was fixed with external nail fixator after debridement of the wound. Another operation was conducted on 18.12.2009 when his distal femur was fixed with locking plate.

Keeping in view period of treatment as an indoor patient and extent of disability suffered by him, it can be inferred that the appellant must not have been in a position to make any earning at least for a period of 03 months. Taking into consideration the minimum wage fixed for unskilled labour, I assess loss of income to the tune of Rs. 15,000/-. The appellant shall be entitled to an amount of Rs. 20,000/- for pain and suffering. He is allowed an amount of Rs. 5,000/- each for special diet, transportation charges and services of an attendant. The total amount of compensation payable to the appellant comes to Rs. 2,42,000 + Rs. 40,000 + Rs. 15,000 + Rs. 20,000 + Rs. 15,000 (5000 + 5000 + 5000) = Rs. 3,32,000/- and the enhanced compensation is Rs. 3,32,000 -Rs. 2,69,000 = Rs. 63,000/-. The enhanced amount of compensation shall be payable with interest @7.5% per annum from the date of petition till realization. However, in case the Insurance Company deposits the amount within a period of 45 days in the Tribunal, the enhanced amount shall carry interest @ 6% per annum.

Appeal stands disposed of in the aforesaid terms.