Subhash vs Ishwar Singh and Others

N.C. Jain and V.K. Bali, JJ.—Admitted.

Since the records of the appeal need not be summoned for regular hearing, the case has been taken on board for final hearing.

In this appeal filed by the appellant for enhancement of compensation for the injuries he has suffered, an amount of compensation to the tune of Rs. 40,000/- only has been granted by the Tribunal out of which a sum of Rs. 20,000/- is on account of pain and suffering sustained by him whereas other amount of Rs. 20,000/- is towards treatment expenditure.

After hearing the learned counsel for the parties, we are of the view that in view of the nature of injuries which the appellant suffered on account of the accident, the grant of Rs. 20,000/- is on the lower side. It has been stated by Dr. Dhirender Srivastava of Safdarjang Hospital, Delhi, that the appellant came to the hospital with head and facial injuries for which he was admitted in the hospital on 4.6.1993 and discharged on 8.6.1993. He further stated that the appellant was again admitted on 9.6.1993 and discharged on 25.6.1993. He went on stating that both the cheek bones had fractured as also the upper jaw and nasal bone were fractured for which the appellant was operated upon for setting these bones. Internal wiring was also done and that the claimant was likely to have a slight problem in chewing.

In view of the nature of injuries suffered by the appellant, we are of the considered view that a sum of Rs. 40,000/- would be just and reasonable under the heading of pain and suffering of the appellant. In all the appellant would be entitled to a sum of Rs. 60,000/- with interest at the rate of 12% per annum from the date of the application till final payment. No costs. The appeal is allowed to the extent indicated above.