High CourtsSingle Bench(2014) 05 P&H CK 0405

Ranjit Singh vs Jaspal Singh and Others

Punjab And Haryana At Chandigarh · Decided on 9 May 2014

HON’BLE JUDGES
K. Kannan, J
RESULT
Dismissed
CASE NUMBER
FAO No. 3924 of 2010 (O&M)

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Judgment

4 paragraphs · 227 words

K. Kannan, J.—The appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 26.04.2006. The accident took place when the claimant was going on his motorcycle. A tempo being driven by respondent No. 1 suddenly without giving any indication, turned towards right side and struck the motorcycle of the claimant, as a result of which, the claimant received multiple injuries. The doctor assessed 45% permanent disability qua left lower limb. The claimant has been regularly under treatment since then. The Tribunal assessed a compensation of Rs. 2,73,000/-.

2.

He had a fracture of the lower limb and had been hospitalized for 3 months. I shall rework the compensation under various heads of claim and tabulate them as under:-

3.

I find that even if I provide for additional heads such as loss of income and a higher compensation for pain and suffering for surgeries performed on him, the work-sheet does not make possible a higher compensation because the Tribunal has assessed a substantially a larger slice of compensation for the disability. There was no proof of any loss of future income but the court added that component also to assess Rs. 1,50,000/- under the said head.

4.

The overall compensation assessed at Rs. 2,73,000/- is appropriate and just and I find no scope for further enhancement. The appeal is dismissed.