Niranjan vs Daljeet Singh & Ors.

PARMOD GOYAL, J. (ORAL)

Present appeal has been preferred by injured-appellant-claimant seeking enhancement in compensation of Rs.55,000/- awarded vide award dated 02.02.2001 passed by learned Motor Accident Claims Tribunal, Rewari (hereinafter referred to as ‘Tribunal’) on account of injuries sustained by him in motor vehicular accident dated 22.02.1997 allegedly caused due to rash and negligent driving of respondent-driver while driving car bearing registration No.DL-IG-2241.

Since in the present appeal the only issue raised by the appellant-claimant is with regard to the quantum of compensation and no appeal or cross-objection has been preferred by any of the respondents to challenge findings of learned Tribunal as regards to rash and negligent driving of offending vehicle driven by respondent-driver, therefore, the detailed facts regarding the manner of accident are not being noticed herein for the sake of brevity.

Learned Tribunal had awarded following compensation to the injured-appellant-claimant:

Learned counsel for injured-claimant-appellant has sought enhancement in compensation on the following grounds that :

● Learned Tribunal had erred in not granting compensation on the basis of functional disability (as permanent disability is 9.5%);

● Compensation for loss of future prospects and future amenities, for loss of income during treatment, and for future medical expenses has not been granted to which appellant-claimant is entitled to; and

● Enhancement of compensation for pain and sufferings, medical expenses, special diet, transportation and attendant charges etc. is warranted being insufficient in view of nature of injuries, nature of treatment and period of hospitalisation

It is the case of injured-appellant-claimant that he had suffered multiple injuries on account of accident. It was asserted that the injured-appellant-claimant had spent Rs.14,760/- on his treatment. In order to prove permanent disability on account of injuries suffered by appellant-claimant, he had examined Dr. Ashok Sanin, Medical Officer, Civil Hospital, Rewari, who appeared as PW-7 and assessed the disability suffered by injured appellant-claimant to the extent of 9.5% vide disability certificate (Ex.P45).

All the bills relied upon by appellant-claimant have been duly taken in consideration while granting compensation for medical expenses, however, compensation for special diet, transportation and expenses on attendant needs to be enhanced from Rs.10,000/- awarded under miscellaneous head. Injured-appellant-claimant is accordingly granted consolidated amount of Rs.35,000/- towards medical expenses, special diet, attendant charges and transportation, etc. Keeping in view nature of injuries and extent of disability suffered by injured-appellant-claimant on account of accident, he is entitled to Rs.35,000/- towards loss of future prospects and future amenities of life. Appellant-claimant is also entitled to enhanced compensation of Rs.25,000/- towards pain and sufferings.

Since, injured-appellant-claimant had suffered injuries on account of accident therefore, he is entitled to Rs.40,000/- towards loss of earning capacity. Consolidated amount is being given in absence of record due to fire incident as learned counsel for appellant-claimant could not disclose income and age of appellant-claimant. Keeping in view nature of injuries appellant-claimant must have remained out of work for some period, therefore, he shall be entitled to compensation of Rs.6,000/- towards loss of income during treatment.

Accordingly, re-worked compensation payable to injured-appellant-claimant is as under:

Appellant-claimant is, therefore, held entitled to enhanced compensation with 7.5% interest on enhanced amount from date of filing of petition till realization. Liability to pay compensation shall be as per award.

Appeal is accordingly, allowed in above terms.

Pending application(s), if any, is/are disposed of accordingly.