High CourtsDivision Bench(1999) 03 P&H CK 0013

Mangal Kishore Kaul vs Union of India (UOI) and Others

Punjab And Haryana At Chandigarh · Decided on 9 March 1999 · Citation: (1999) 2 ACC 552 : (2000) ACJ 1167 : (1999) 123 PLR 213 : (1999) 4 RCR(Civil) 666

HON’BLE JUDGES
N.C. Khichi, J · Jawahar Lal Gupta, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 446 of 1989

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Judgment

6 paragraphs · 340 words

Jawahar Lal Gupta, J.—On November 18, 1981, Scooter No.CHH-5757 and bus No.CHW-9088 were involved in an accident. The claimant who was on the pillion seat of the scooter received multiple injuries. His right leg was fractured. He had to undergo surgery. He had remained in the hospital for a period of more than three months. He claimed a compensation of Rs.5 lacs.

2.

The Motor Accident Claims Tribunal, after consideration of the evidence, awarded a compensation of Rs. 1,31,000/-. The claimant was not satisfied. He filed an appeal. The learned Single Judge enhanced the compensation to Rs.2,10,000/-. Still not satisfied, he has filed the present Letters Patent Appeal.

3.

Mr. Suri has contended that the appellants leg has been shortened. He cannot sit straight. His marriage prospects have been adversely affected. As such, he deserves to be awarded a higher compensation, in particular, learned counsel has submitted that the compensation awarded by the learned Single Judge for shortening of the leg, pain and suffering and disability, is not adequate. He has further submitted that even the expenses have not been fully paid to the appellant.

4.

On a perusal of the judgment of the learned Single Judge, we find that an amount of Rs.30,000/- has been awarded for the shortening of the leg. Rs.50,000/- have been ordered to be paid for the pain and suffering. For disability, an amount of Rs.40,000/- has been awarded. Still further, compensation for expenses (hospital as well as on hiring of house etc.) to the tune of Rs. 25,000/- has also been awarded. The view taken by the learned Single Judge is not unreasonable. The rule laid down by their Lordships of the Supreme court in R.D. Hattangadi Vs. M/s. Pest Control (India) Pvt. Ltd. and Others, has not been over-looked.

5.

No other point has been raised.

6.

Unable to find any fault with the view taken by the learned Single Judge, we find no reason for interference. Resultantly, this appeal is dismissed. In the circumstances, there will be no order as to costs.