Pawan Kumar vs Bindershwar and Others

Vijender Singh Malik, J.—This is an appeal brought by the injured claimant seeking enhancement of compensation. Pawan Kumar, the appellant brought a claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 50.00 lakhs for the injuries he received in a roadside accident that took place on 3.4.2007. Learned Motor Accidents Claims Tribunal, Jhajjar (for short, "the Tribunal") allowed the claim petition vide award dated 20.12.2010 in a sum of Rs. 45,000/-. Learned counsel for the appellant has contended that the injured claimant has been a 17-18 years old boy. According to him, in the accident, he got his leg fractured. He has submitted that the appellant remained admitted for 6 months at Kailash Medical Centre, New Delhi. According to him, he was left with 10% disability. According to him, learned Tribunal has awarded compensation in a sum of Rs. 20,000/- for permanent disability, a sum of Rs. 10,000/- for the medical bills, a sum of Rs. 5,000/- for conveyance and special diet and Rs. 10,000/-for pain and suffering. He has submitted that no amount is assessed by the Tribunal for loss of marriage prospects and loss of enjoyment of life. According to him, the amount awarded is also on the lower side.

Learned counsel for respondents No. 1 and 2 has submitted that the amount awarded is quite adequate and does not admit of any requirement of further enhancement.

In this case, the disability has been suffered by the claimant at very young age. Dr. S.S. Chauhan [PW-2] has described the disability as 10% on account of skin loss and scar right tibia with fracture both bones. For this disability, a sum of Rs. 20,000/- has been assessed. Although, the disability is not quite alarming, yet the compensation is assessed without keeping in mind the age of the claimant. I assess a sum of Rs. 40,000/- as compensation in favour of the claimant-appellant for the disability.

It is a case where the claimant claimed himself to have remained hospitalized for 6 months at Kailash Medical Centre, New Delhi. Learned Tribunal has rightly ignored this aspect because the OPD cards of Safdarjang Hospital, New Delhi clearly negate his hospitalization for that period. A person who is hospitalized at one hospital would not go in follow-up treatment to other hospital. So, the said aspect has been rightly ignored. However, when the court takes into consideration OPD cards which are quite good in number being exhibits P4 to P10, the expenses on transportation would have been incurred and a good amount should have been awarded as compensation on that account. Learned Tribunal has assessed a sum of Rs. 5,000/- for conveyance and special diet. I enhance this amount to Rs. 25,000/-.

The amount assessed for pain and suffering at Rs. 10,000/- is also on a lower side. It is enhanced to Rs. 20,000/-.

The claimant is an unmarried boy. With the disability he has lost some prospects of marriage for which a sum of Rs. 20,000/- is assessed as compensation. He will also lose on enjoyment of life on account of the disability and a sum of Rs. 20,000/- is assessed in that regard. Consequently, the claimant is found entitled to Rs. 1,25,000/- as compensation. Resultantly, the appeal is allowed enhancing the compensation from Rs. 45,000/- to Rs. 1,25,000/- which shall be payable to the claimant-appellant by the respondents with interest and in the manner as allowed by learned Tribunal.