Harinder Singh vs Kuldeep Singh

Jitendra Chauhan, J.—The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation, awarded by the learned Motor Accidents Claims Tribunal, Patiala (in short ''the Tribunal''), vide award dated 7.10.1999.

Learned counsel for the appellant contends that appellant remained hospitalised for twelve days on account of injuries suffered by him in the alleged accident. Bones of both the thighs got fractured and he was operated upon and nailing was done. The appellant suffered disability to the extent of 19% qua whole body. He was advised for follow up treatment. Therefore, the amount awarded towards pain and suffering, disability and other heads is highly inadequate.

On the other hand, learned counsel for the respondents oppose the prayer of the appellant and pray for the dismissal of the appeal.

I have heard the learned counsel for the parties and perused the case file.

In his statement PW1 Dr. Aditya Aggarwal, Assistant Professor, PGI, Chandigarh deposed that the appellant suffered supra condilar fracture left femur with fracture shaft of right femur with left knee with haemarthrosis with compound fracture left both bones of leg with fracture left patella. He was operated upon for both femur on 18.5.1996 and discharged from hospital on 22.5.1996 with advise for follow up treatment. The appellant remained hospitalised for twelve days. He was operated twice and nailing was done. The appellant suffered disability to the extent of 19% qua whole body. Keeping in view the seat of injuries, disability and period of hospitalisation, this Court feels that the amount awarded towards pain, shock and suffering, disability and other conventional heads is highly inadequate and another enhancement under these heads would meet the ends of justice:-

Accordingly, the enhanced compensation of Rs. 50,000/- shall be paid to the claimant-appellant, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.

In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.