IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 5349 of 2005 Date of decision : February 10, 2009 Shekhar ....Appellant Versus Daljinder Singh and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Vivek Suri, Advocate for the appellant. None for respondent No. 3. T.P.S. MANN, J. (Oral) The claimant has filed the present appeal against the award dated 4.2.2005 given by the learned Motor Accidents Claims Tribunal, Panchkula, whereby the claim petition filed by the appellant was partly allowed with costs and the compensation of Rs. 3,00,000/-, along with interest at the rate of 9% per annum, was awarded. According to the claimant-appellant, on 4.10.2002 at about 5.00 P.M., he was coming back on his cycle and when he reached near Railway Light Point, Manimajra, U.T., Chandigarh, a Tata Sumo, driven by respondent No. 1, came from the behind and hit him.. As a result of the accident, the appellant suffered fracture on right thigh. Besides, he sustained injuries on other parts of his body as well. According to the appellant, respondent No. 1 was driving the vehicle in a rash and negligent F.A.O. No. 5349 of 2005 -2- manner. At the time of the accident, the appellant was 34 years of age and doing a private job of Electrical Supervisor with Hotel President, Madhya Marg, Chandigarh and earning Rs. 6000/- per month. On account of the accident, the appellant remained under treatment for a long time. He spent a lot of money, but inspite of the same, he has become disabled. Accordingly, the claimant-appellant had prayed for awarding him an amount of Rs. 6,00,000/-, as compensation. The claim petition was opposed by the driver and owner of the offending vehicle by filing their written statement. According to them, the vehicle in question was not involved in the accident. In fact, respondent No.1 was travelling on the road and he removed the claimant to the hospital, but the police falsely implicated him in the case. Respondent- Insurance Company pleaded that respondent No. 1 was not holding a valid driving licence. Moreover, there was violation of the terms and conditions of the insurance policy. On the basis of the evidence led by the parties, learned Tribunal held that the accident in question took place due to rash and negligent driving of Tata Sumo by respondent No. 1. After looking into the injuries received by the appellant, learned Tribunal held the appellant entitled to receive an amount of his Rs. 3,00,000/- as compensation, along with interest at the rate of 9% per annum. The respondent-Insurance Company, along with driver and owner of the offending vehicle, was held jointly and severally liable to pay the compensation amount. F.A.O. No. 5349 of 2005 -3- The sole question, which arises for determination in the present appeal, is the quantum of compensation. It has come in the testimony of the appellant, when he appeared as PW1 that on account of the accident, he suffered fracture in his right thigh. He was admitted in Government Medical College and Hospital, Sector-32, Chandigarh, where he received treatment for a long time. He was operated upon on the right thigh and an iron plate was inserted. His left shoulder was also dislocated. Later on, due to infection, the appellant was again operated upon. He claimed that he got treatment from Saket Hospital and remained admitted there for a long time. He had to spend an amount of Rs. 40,000/- approximately on the treatment and the medicines which had been prescribed to him. The appellant remained admitted in Government Medical College and Hospital, Sector-32, Chandigarh from 6.10.2002 to 22.10.2002. From 10.2.2003 to 10.4.2003, the appellant also remained admitted in Saket Hospital, where bone grafting was done on 14.3.2003. As per the opinion, Ex. P.105, given by the Board of Doctors, the appellant had suffered fracture of the right femur with severe limitation of the right knee movements and there was shortening of leg by 1½”. The appellant was, thus, opined to be permanently physically disabled by 50% with respect to right lower limb. At the time of the accident, the appellant was 34 years of age and had been working as an Electrical Supervisor with Hotel President, Madhya Marg, Chandigarh. The photographs of the appellant, which are available on the record as F.A.O. No. 5349 of 2005 -4- Marks 'A' to 'C', clearly show that the right leg of appellant was in a very bad shape. All this could be sufficient indication of the extent to which the appellant might have suffered pain and agony on account of the injuries received by him. The cumulative effect of the above-mentioned circumstances leads me to conclude that the appellant deserved an amount of Rs. 4,00,000/- as compensation. The amount of Rs. 3,00,000/- awarded by the learned Tribunal to the appellant as compensation was highly inadequate. Rsultantly, the appeal is allowed and the amount of compensation is enhanced from Rs. 3,00,000/- to Rs. 4,00,000/-. The appellant shall also be entitled to receive interest at the rate of 7.5% per annum on the enhanced amount of compensation from the date of filing of the claim petition till its realisation. In view of the findings given by the learned Tribunal, all the respondents are jointly and severally liable to pay the enhancement of compensation but respondent No.3-Insurance Company shall be liable to indemnify the insured. ( T.P.S. MANN ) February 10, 2009 JUDGE satish