FAO Nos.474 and 1753 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO No.474 of 2011 (in MAC No.162 of 2008) Date of Decision : 03.11.2011 Manjeet Singh .......Appellant Versus Jarnail Chand and others .......Respondents (ii) FAO No.1753 of 2011 (in MAC No.137 of 2008) Pushpa Rani and another .......Appellants Versus Jarnail Chand and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Sumandeep Kaur, Advocate, for Mr. Rajiv Kumar Trikha, Advocate, for the appellant in FAO No.474 of 2011. None for the appellants in FAO No.1753 of 2011. Mr. H.K. Aurora, Advocate, for respondent No.1. Mr. N.D. Kalra, Advocate, for respondent No.2. Mr. R.C. Kapoor, Advocate, for respondent No.3. **** 1 FAO Nos.474 and 1753 of 2011 JITENDRA CHAUHAN, J. (ORAL) Two appeals, namely, FAO Nos.474 and 1753 of 2011, are being disposed of by this common judgment, having arisen out of the same accident, and the same impugned Award dated 15.10.2010, passed by the learned Motor Accident Claims Tribunal, Hoshiarpur. Brief facts leading to filing of the present appeals are that on 19.8.2008, Pardeep Kumar, since deceased, and Manjeet Singh, were riding pillion on the scooter bearing No.PB-07-J-0553, which was being driven by one Rajiv Kumar. They were going from Bhunga to their Village Dhoot Kalan. At about 9.45 p.m., when they reached near Gurdwara Pritampura, Dhoot Kalan, on Hoshiarpur-Dasuya side, a mini truck bearing No.PB12-G-4928, being driven in a rash and negligent manner, at a high speed, came from the opposite side and struck against the scooter after going on the wrong side of the road. As a result thereof, all the occupants of the scooter fell down and sustained serious injuries. Pardeep Kumar succumbed to his injuries on the spot, whereas Manjeet Singh was removed to Civil Hospital, Bhunga. FIR No.81 dated 20.08.2008 was registered against the driver, respondent No.1, at Police Station, Hariana. Under these circumstances, two claim petitions were filed before the learned Motor Accident Claims Tribunal, Hoshiarpur, viz., MACT petition No.137 dated 11.10.2008, filed by the parents of the deceased, Pardeep Kumar, and MACT petition No.162 dated 3.11.2008, filed by the injured-claimant, Manjeet Singh. The learned Tribunal, vide common Award dated 15.10.2010, granted compensation to the tune of `2,39,000/- to the claimants on account of 2 FAO Nos.474 and 1753 of 2011 the death of their son, Pardeep Kumar, and `5,57,000/- to the injured- claimant, Manjeet Singh. Aggrieved against the said Award, the claimants-appellants are in appeal before this Court. FAO No.474 of 2011 in MAC No.162 of 2008 (Manjit Singh Vs. Jarnail Chand and others) The claimant-appellant, Manjeet Singh, remained hospitalized for a period of 95 days. He was admitted in the hospital on four occasions. He suffered permanent disability to the extent of 40% as is clear from the disability certificate, Ex.A245. Considering the nature of injuries and the period of hospitalization, this Court is of the opinion that the learned Tribunal fell in error in not awarding any compensation against the heads special diet and attendant charges. Accordingly, an amount of `10,000/- is granted under the head ‘special diet’, and another ` 10,000/- for attendant charges. The appellant was unmarried at the time of the accident. Due to the accident, he suffered 40% permanent disability. His marriage prospects must have been diminished due to this disability. In view of this, I am of the opinion that ends of justice would be met if an amount of `25,000/- is awarded as compensation on account of loss of marriage prospects. Furthermore, an amount of `25,000/- is granted under the head ‘loss of future income’. The compensation awarded under the remaining heads seems just and reasonable. The total enhanced compensation comes to `70,000/-. In view of the discussion made above, the appellant is held entitled to the enhanced compensation of `70,000/-. The enhanced amount shall be payable to the appellant within a period of 3 FAO Nos.474 and 1753 of 2011 45 days from the date of receipt of certified copy of this judgment failing which he shall be entitled to interest @ 7.5% p.a. from the date of filing the appeal till its realization. Accordingly, the FAO No.474 of 2011 is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. FAO No.1753 of 2011 in MAC No.137 of 2008 (Pushpa Rani and another Vs. Jarnail Chand and others) The learned Tribunal, while assessing the compensation, has awarded an amount of `5,000/- towards the expenses on funeral and last rites besides awarding `2,34,000/- by applying the multiplier of 13. Nothing has been awarded under the other conventional heads. Therefore, the claimants are held entitled to an amount of `15,000/- against ‘all conventional heads’, in consonance with the principles laid down by Hon’ble the Apex Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77. It is ordered accordingly. Compensation awarded under the other heads is just and reasonable. In view of the above, the appellants, Pushpa Rani and Manohar Lal, are held entitled to the enhanced compensation of `15,000/-. The enhanced amount shall be payable to the appellant within a period of 45 days from the date of receipt of certified copy of this judgment failing which they shall be entitled to interest @ 7.5% p.a. from the date of filing the appeal till its realization. 4 FAO Nos.474 and 1753 of 2011 Accordingly, the FAO No.1753 of 2011 is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 03.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 5