Kamlesh vs Pal Singh and Others

Amarjeet Chaudhary, J.—One Kamlesh, wife of Rajbir Singh, resident of village Ahirka, Tehsil and District Jind, has sustained serious injuries in the road accident on 23.3.1996. Thereafter, a claim petition u/s 166 of the Motor Vehicles Act, 1988, was preferred by the claimant seeking compensation to the tune of Rs. 10,00,000/-. The Motor Accident Claims Tribunal, Jind (hereinafter referred to as ''the Tribunal'') vide its award dated 31.1.1998 awarded a sum of Rs. 22,000/- as compensation to the claimant-appellant alongwith interest at the rate of 12 per cent per annum from the date of filing of the claim petition till its realisation, on account of injuries, pain and suffering and loss of child due to abortion of the claimant. The liability to pay the amount of compensation was fastened on all the respondents jointly as well as severally.

Feeling aggrieved with the award, the claimant-appellant has filed the present appeal seeking enhancement of compensation.

Learned Counsel for the claimant-appellant contends that the claimant has received grievous injuries in the accident. She remained hospitalised for a period of 15 days and had incurred expenditure of about Rs. 10,000/- on her treatment but the claimant-appellant has not been suitably compensated.

On notice of motion having been issued, learned Counsel for the respondents has put in appearance and contended that the claimant has been suitably compensated and there is no scope for enhancement of compensation.

We have heard learned Counsel for the parties and perused the award of the Motor Accident Claims Tribunal, Jind.

The claimant-appellant has suffered fracture of right side of her collar bone and she remained admitted in the hospital for 15 days and has incurred heavy expenses on her medical treatment. The claimant, who is a house-wife, was 21 years of age at the time of her accident and she had pregnancy of 8-9 months at that time. Due to accident, she had to undergo abortion at premature stage and lost her child. Keeping in view the age, pain and suffering and mental agony, we are of the opinion that the compensation awarded by the Tribunal does not commensurate with the same. In our considered view, a sum of Rs. 50,000/- would be a suitable compensation.

In this view of the matter, the claimant is held entitled to a total compensation of Rs. 50,000/-, out of which compensation already awarded by the Tribunal is to be adjusted. However, the claimant will not be entitled to any interest on the enhanced amount of compensation, as the appeal is being disposed of at the motion stage.

The award of the Motor Accident Claims Tribunal, Jind is modified to the extent indicated above. The appeal stands disposed of in the above terms.