F.A.O NO. 3229 OF 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 3229 OF 2003 DECIDED ON : 04.02.2010 Surjeet Singh ...Appellant versus Krishan Kumar and another ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Sushil Jain, Advocate, for the appellant. Brig. B. S. Tanque, Advocate, for the respondent-Insurance Company. K. C. PURI, J. (ORAL) This is an appeal directed by Surjeet Singh minor against the judgment dated 01.05.2003 passed by Motor Accident Claims Tribunal, Jind for enhancement of compensation. Briefly stated facts are that on 26.04.2001 Surjeet Singh was going from village Ratta Khera to Safidon on his bicycle. At about 7:30 A.m reached near the turning point of village Ratta Khera and he was on his extreme left, Truck No. HNR-5068 (hereinafter mentioned as “the offending vehicle”) being driven by respondent No.1-Krishan Kumar came from Jind side and struck against the bicycle of claimant-Surjeet Singh. The case was registered. F.A.O NO. 3229 OF 2003 -2- It is pleaded that the claimant was a student of 8th class. His both legs have been amputated and he remained admitted in the hospital from 26.04.2001 to 11.05.2001. He claimed an amount of Rs.20 lacs on account of injuries sustained by him. The petition was opposed. From the pleadings of the parties, following issues were framed by the Tribunal : 1) Whether the accident in question took place due to rash and negligent driving of truck No. HNR-5068 on 26.04.2001 in the area of village Ratta Khera in which the petitioner sustained multiple injuries ? OPP 2) If Issue No.1 is proved in the affirmative, what amount of compensation the petitioner is entitled to and from whom ? OPP 3) Whether respondent No.1 was not holding a valid driving license on the date of accident ? OPP-2 4) Relief. The Tribunal, after taking into account the evidence, returned the findings on Issue No.1 in favour of the claimant, whereas Issues No.2 and 3 were decided in favour of the claimants and an amount of Rs.10,40,000/- along with interest @ F.A.O NO. 3229 OF 2003 -3- 9% per annum was granted. The liability of both the respondents was held to be joint and several. Feeling dissatisfied with the above said award, the present appeal has been filed for enhancement. The learned Tribunal has granted the amount under the following heads : 1. On account of 100% Rs.2,00,000/- permanent disability 2. On account of loss of future Rs.5,00,000/- income, loss of studies, loss of enjoyment of married life, pain, sufferings and agonies 3. On account of transport- Rs. 40,000/- ation on various occasions from Ratta Khera to PGI, Rohtak, expenses on medicines and treatment as per Ex.P9/a to Ex.P9/75 4. On account of expenses on Rs.1,00,000/- attendant during treatment and throughout in life 5. On account of torture during Rs.2,00,000/- treatment and during life. Other misc. expenses borne by the petitioner during F.A.O NO. 3229 OF 2003 -4- treatment and throughout his life Total Rs.10,40,000/- The Tribunal has assessed that there is amputation of both the legs from knee joints and the permanent disability is 100%. It has been observed that he is unable to perform his daily pursuits. The Tribunal has granted an amount of Rs.2 lacs on account of permanent disability but that is on lower side. The amount stands enhanced under the said head to Rs.3 lacs i.e Rs.One lac amount stands enhanced under the said head. On the second head i.e loss of future income, loss of studies, loss of enjoyment of married life, pain, suffering and agonies, the Tribunal has assessed only Rs.5 lacs which is also on lower side. The life of a person whose both legs have been amputated, can be well imagined. Every time when he will see towards his body, he would have a remorse. So, in these circumstances, the amount enhanced under the said head is by Rs.2 lacs more in addition to the amount granted by the Tribunal. The Tribunal has assessed Rs.One lac for attendant during treatment and throughout in life which is also on lower side. The Tribunal itself has held that he cannot do any work without help of an attendant. So, in these circumstances, the amount enhanced under the said head is by Rs.One lac more in addition tot he amount granted by the Tribunal. F.A.O NO. 3229 OF 2003 -5- In this manner, the appeal stands partly accepted. The Insurance Company is directed to pay Rs.4 lacs more in addition to the amount awarded by the Tribunal, as detailed above. The enhanced amount shall carry interest @ 7% per annum from the date of filing of the appeal till its realisation. Disposed of. FEBRUARY 04, 2010 (K. C. PURI) shalini JUDGE