High CourtsSingle Bench(2014) 07 P&H CK 0622

Harpreet Singh vs Gobind Singh

Punjab And Haryana At Chandigarh · Decided on 10 July 2014

HON’BLE JUDGES
K. Kannan, J
RESULT
Partly Allowed
CASE NUMBER
FAO No. 3456 of 2011

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Judgment

4 paragraphs · 384 words

K. Kannan, J.—The appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 21.06.2009. The injuries suffered by the claimant were fracture of bilateral temporal with bilateral tempro parietal haemorrhage contusion. He remained admitted in Bharat Brain Hospital, Bathinda from 21.06.2008 to 06.07.2008 and Dr. Dinesh Gupta who treated him gave evidence that he charged Rs. 43,000/- for the treatment vide receipt No. 882 dated 06.07.2008. Dr. Kamal Sharma and Dr. Anu Gupta, who had performed the X-rays and CT scans on the patient charged Rs. 5,180/- for the same. A claim was filed by the mother of the claimant to PSPCL, Thermal Plant, Bathinda for reimbursement of Rs. 67,010/-, out of which Rs. 34,911/- was sanctioned and paid to her. The claimant had also produced bills Ex. C 8 to C. 25, the total of which comes to Rs. 18,498/- but they were discarded by the Tribunal on the ground that they do not bear the signatures of Dr. Dinesh Gupta or any other doctor having prescribed the medicines. The discharge summary revealed that the patient was conscious, talking, accepting orally, walking and that his position was going to improve further. He was not assessed for any disability. The Tribunal has provided a compensation of Rs. 48,180/- including Rs. 43,000/- charged by Dr. Dinesh Gupta and Rs. 5,180/- charged by the doctor for CT scans and X-rays.

2.

I will rework the compensation and provide for the whole amount covered through Ex. C8 to C25, total of which comes to Rs. 18,498/-. I will also provide for the balance amount which was not reimbursed to the claimant from PSPCL, Thermal Plant, Bathinda that was Rs. 32,099 ( Rs. 67,010 - Rs. 34,911). In addition to that I will also provide Rs. 5,000/- for attendant charges, Rs. 5,000/- for special diet, Rs. 2500/- for transportation and Rs. 25,000/- for pain and suffering.

3.

In total, the compensation payable shall be Rs. 1,36,277/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be in the same manner as determined by the Tribunal.

4.

The award stands modified and the appeal is allowed to the above extent.