Satya Narayan vs Joginder And Others.

B.S. Walia, J

Claim is for enhancement of compensation awarded on account of injuries sustained by the appellant in an accident on 23.08.2009. Learned counsel has confined his submissions to the plea that compensation of Rs.15,000/- awarded on account of pain and suffering was grossly inadequate and minimum of Rs.1 Lakh ought to have been awarded on said count.

The learned Motor Accidents Claim Tribunal, Kaithal (hereinafter referred to as the Tribunal) on the basis of evidence led before it held the appellant entitled to Rs.15,000/- on account of pain and suffering, Rs.5,000/- on account of transportation charges, diet etc, besides Rs. 28,646/-rounded of to Rs.29,000/- on account of medical expenses, total Rs.49,000/-.

Learned counsel for the respondents states that looking to the nature of injuries sustained, compensation of Rs.15,000/- awarded on account of pain and suffering was just and proper and did not warrant enhancement by this Court.

I have considered the submissions of learned counsel for the parties and have perused the record. Perusal of the evidence of PW-5, Dr. J.K. Gulati reveals that the appellant was admitted in the hospital with segmental fracture of right femur for which interlocking nailing was done, whereafter the appellant was discharged on 25.08.2009. The appellant remained admitted in hospital for two days and during said period, surgery for interlocking on account of fracture of right femur was done. Although the appellant has claimed that at least Rs.1 Lakh be awarded on account of pain and suffering, yet I am of the view that amount claimed is exaggerated and instead of Rs.15,000/- awarded on account of pain and suffering, the appellant ought to be awarded Rs.40,000/- on account of pain and suffering. Resultantly, as against Rs.49,000/- awarded by the Tribunal, the appellant is held entitled to Rs.74,000/-, along with interest @ 7.5% per annum with effect from the date of claim petition till date of payment, less payment, if any, made earlier.

Accordingly, appeal is allowed and award is modified to the extent as noted above.