FAO No. 1479 of 1992 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1479 of 1992 Date of decision February 4 , 2011 Rajinder Singh ....... Appellant Versus Union of India ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Jaivir Chandel, Advocate and Ms.Amit Jain, Advocate for the appellant. Mr. Ashwin Bansal, Advocate and Ms. Kamla Malik, Advocate for the respondent-Union of India-1 to 2. None for respondent Nos.3 and 4. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J (oral). 1. The appeal is against a dismissal of petition for compensation for injury suffered in a motor accident when the claimant who was riding a scooter came in contact with an Army truck belonging to the Union. The scooterist was coming on the main road and admittedly the accident took place when the truck turned from the main road to come into their cantonment. The Tribunal reasoned that the vehicle turning from the main road could not have travelled at a high speed and therefore only scooterist must have been responsible for the accident. I reject the FAO No. 1479 of 1992 2 reasoning as illogical for a person travelling on a main road cannot know before hand that some vehicle coming from the opposite direction would suddenly take a right or left turn, Only the vehicle who has taken a turn from the main road must slow down and wait till the other vehicle going on the main road passes through. The point of impact was on the front left side of the truck and I would therefore give greater weighage to the evidence of the claimant who said that the driver of the truck suddenly turned from the main road without sufficient indication and the accident took place only by the rashness of the driver of the Army truck. I vacate the finding of the Tribunal and find the Union totally responsible for the accident. 2. As regards the quantum, the claimant was hospitalized w.e.f. 3.8.1988 to 21.11.1988. There was evidence that he had lost two teeth and suffered fracture of the leg that resulted in shortening of 1”. The doctor gave evidence that claimant must have spent `15 to 20,000/- towards medical expenses. The medical bills are not produced before this Court. 3. I will make provision for `15,000/- as medical expenses, for three months hospitalization. I would provide for transportation and attendant charges at `5,000/-, `20,000/- towards loss of two teeth and fracture of leg as a component of pain and suffering, a further sum of `20,000/- towards loss of amenities to life for a disability that he shall carry through out his life. He shall also be provided loss of income for 161 days and I will provide for `12,000/- towards loss of income. It has not come to evidence that injury resulted in loss of earning capacity for the claimant. The compensation already assessed by the Tribunal was `3,00,000/- I will hold the total amount of compensation to be `3,72,000/- and the liability will be on the Union respondents. The appeal is allowed to the above extent. The amount in excess of what has been awarded by the FAO No. 1479 of 1992 3 Tribunal shall carry interest at the rate of 7.5% per annum from the date of petition till the date of payment. (K. KANNAN) JUDGE February 4, 2011 archana