Raj Pal vs Sukhdev Singh and Others

Vijender Singh Malik, J.

C.M. No. 24971-CII of 2010

Condonation of delay of 150 days in filing of the appeal is not opposed. For this reason and in view of the reasons given in the application, the delay is condoned.

FAO No. 5677 of 2010

This is an appeal by the injured-claimant for enhancement of compensation awarded to him by learned Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri (for short ''the Tribunal'') vide award dated 01.08.2009 in a sum of Rs. 1,06,500/-. The claimant filed a petition u/s 166 of the Motor Vehicles Act and sought compensation for the injuries he suffered in the accident. Since the point involved in the appeal is about quantum of compensation, the facts of the case are not required to be noticed here.

Learned counsel for the appellant has contended that learned Tribunal has awarded a sum of Rs. 49,000/- towards expenses incurred in the treatment, a sum of Rs. 37,500/- towards loss of future income due to disability and Rs. 20,000/- for pain and suffering. According to him, learned Tribunal has not assessed any amount towards loss of income during treatment. According to him Dr. Sandeep Gupta (PW6) had stated about the disability of 15% and as stated, bones of both the legs were involved in the accident. He has submitted that the appellant remained hospitalized for 15 days and in case of fracture of both bones of the right leg and patella of left knee joint, the appellant could not come to the position of free movement for at least 2-3 months. According to him, no amount has been awarded in the name of loss of income during treatment. He has further submitted that no amount has been assessed as compensation in the name of special diet as also attendant and transportation charges.

Learned counsel for respondent No. 3 has submitted on the other hand that adequate amount has been awarded as compensation in this case. According to him, the disability of 15% is qua a particular limb and it is not a functional disability. He has submitted that still the Tribunal has awarded a sum of Rs. 37,500/- for loss of future income due to disability.

Learned Tribunal has found a sum of Rs. 49,039/- as the amount spent in the treatment of the appellant-claimant. Instead of adding some amount to it in the name of the amounts spent without obtaining bills, learned Tribunal, in the name of rounding off the figure, has reduced it to Rs. 49,000/-. It is quite evident and no evidence is required regarding the same that in accident trauma causes, the attendants are unable to collect all the bills. At least in the beginning, the urgency is the welfare of the patient and people do not bother about collecting bills. So, on proof of Rs. 49,039/- as the amount spent in the treatment, learned Tribunal should have added something. It should have assessed compensation for expenses on the treatment of the appellant by adding something to the amount as proved to have been spent. In these circumstances, I assess a sum of Rs. 55,000/- as compensation for the expenses incurred by the deceased in his treatment.

The amount of Rs. 37500/- has been assessed as loss of future income on account of disability. The disability is 15% and it is on account of problem in both the legs. The same would have reduced the working capacity of the claimant. Though, the appellant has been of the age 50 years, yet this disability would have definitely reduced the earning capacity. In these circumstances I assess a sum of Rs. 40,000/- for the future income lost by the claimant on account of the disability.

I do not find any ground to interfere with the amount of Rs. 20,000/- assessed by the learned Tribunal in the name of compensation for pain and suffering. However, in case of injuries involving bones, a person is unable to get to work for at least 03 months. He would thus lose his complete income for those three months and he is entitled to be compensated for loss of income during treatment. In this regard, I assess a sum of Rs. 15,000/- as compensation for loss of income during treatment.

Learned Tribunal has ignored the expenses incurred in taking special diet and having attendant and transportation for the victim. Looking to the fact that the appellant remained hospitalized for 15 days and thereafter must have remained bed-ridden for 2-1/2 months, he must have required special diet, attendant and transportation.

Some amount has to be awarded under these heads even without proof of specific expenses. Thus, I assess a sum of Rs. 20,000/- as compensation under all the three heads. In this way the appellant is found to be entitled to Rs. 1,50,000/- as compensation for his injuries. Consequently, the appeal succeeds and is allowed enhancing the compensation awarded by the Tribunal in a sum of Rs. 1,06,500/- to Rs. 1,50,000/-. The amount shall be payable to the claimant with interest @ 7.5% per annum from the date of filing of the petition till the date of realization as also subject to other conditions laid down by learned Tribunal.