Karan vs Raju and Others

Nawab Singh, J.—This judgment shall dispose of afore mentioned three appeals because all of them have arisen out of common Award dated December 15th, 2009 passed by the Motor Accident Claims Tribunal (for short "the Tribunal"), Ambala. The facts are these:-On August 11th, 2007 Karan aged 3 years, Salochana (both injured) and Kamla (deceased) along with their family members were going in a three wheeler bearing No. HR-37-A-8417 from Arunai temple, Pehowa to their village Ameu, District Ambala. The three wheeler was being driven by Rakesh Kumar at a slow speed. When they reached near village Saini Majra, a canter bearing No. HR-61-4962 driven by Raju in a rash and negligent manner came from opposite direction at a fast speed and struck against the three wheeler. The three wheeler turned turtle and the canter fell in the ditches. Karan and Salochna suffered injuries. Kamla died.

Karan, Salochana and the legal heirs of Kamla filed claim applications before the Tribunal. It was pleaded that Karan suffered fracture of Tibia of left leg. Salochana suffered fracture of both bones of right leg and fracture of 5th rib of right side.

The legal heirs of Kamla pleaded that she was 58 years old. She was a pensioner. The legal heirs of the deceased are her sons and daughters who are in their 40s and are married.

The Tribunal awarded an amount of Rs. 10,000/-each to Karan and Salochana and the legal heirs of Kamla were awarded an amount of Rs. 3,36,000/-. The claimants were also held entitled to interest at the rate of 7% per annum from the date of filing claim application till its realization.

Learned counsel for the appellants has assailed the Award on the grounds that the amount of compensation awarded to Karan and Salochana is inadequate.

So far as the amount of compensation awarded to the legal heirs of Kamla is concerned, learned counsel has fairly conceded that they were not dependents upon the income of the deceased and as such, he does not agitate on the point of quantum of of compensation.

Dr. O.P. Arya Civil Surgeon, Ambala (PW-5) deposed that Karan aged 3 years was medically examined by him and he found fracture of Tibia of left leg. He proved x-ray examination report (Exhibit PW-5/A). He also examined Salochana aged 50 years and found the fracture of both bones of right leg on lower 1/3 part and also fracture of 5th rib of right side. He proved x-ray examinant report (Exhibit PW-5/B).

Dr. Ashok Sarwal (PW-3) stated that plaster was applied on the fractured Tibia of left leg upon Karan on August 11th, 2007.

Taking into consideration the injuries suffered by Karan and Salochana referred to above, in considered opinion of this Court, the amount of compensation requires enhancement. Although, no medical bill was placed on record in the case of Karan but it is a mater of common knowledge that many a bills during the long period of treatment are not taken by the injured or attendants. For clinical articles, like bandages etc. sometimes receipts are not issued or taken. From the medical evidence comprising of in the statement of Dr. Ashok Sarwal (PW-3) and O.P. Arya (PW-5), it is proved that plaster was applied on the left leg of Karan for which he must have undergone a big deal of pain and suffering when he was a child of 3 years and so was the case of Salochana. Having regard to all the pervading circumstances, the compensation is enhanced from Rs. 10,000/-to Rs. 15,000/-in the case of Karan and from Rs. 10,000/-to Rs. 20,000/-in the case of Salochana. The interest on enhanced amount shall be paid at the same rate as was awarded by the Tribunal from the date of filing claim application till the amount under the impugned Award was deposited by the respondents. In view of above, the appeals filed by Karan and Salochna are accepted to the aforesaid effect. The appeal filed by legal heirs of Kamala is dismissed.