Madan Lal v. Rajesh Kumar & Ors.

After hearing learned counsel for the parties and going through the record of the case, learned Tribunal held that Bhupinder Singh- respondent No.2 caused the accident on 29.7.88 in the area of village Barsat by his rash and negligent driving of truck/tanker No.PJP-7107 and Madan Lal received injuries in the accident in question. Accordingly, the compensation was assessed as follows:

1. Medical expenses : Rs.10,000/-

2. Mental agony, shock, pain and suffering : Rs.50,000/-

3. Permanent disability

4. For artificial Limb Total : : : Rs.80,000/- Rs.15,000/- Rs.1,55,000/- While allowing the claim petition, learned Tribunal awarded the aforementioned amount as compensation to the claimant alongwith interest @ 12% per annum. The liability to pay the awarded amount was held to be of respondents No. 1 and 2 jointly and severally, but as their liability was covered under the policy of insurance to the extent of Rs.1,50,000/-, the Insurance Company-respondent No.3 was made liable to pay the awarded amount to that extent and the liability for the payment of remaining amount was fastened upon respondents No.1 and 2 jointly and severally. The claimant had claimed that he spent Rs.40,000/- on his FAO No. 124 of 1991 -4- treatment. However, he could lead evidence to show that he had spent an actual amount of Rs.10,000/- only. Therefore, learned Tribunal rightly granted a sum of Rs.10,000/- for medical expenses. Similarly, learned Tribunal did not err in awarding an amount of Rs.50,000/- for mental agony, shock, pain and suffering as the claimant remained admitted in the hospital firstly from 30.7.88 to 27.8.88 and then from 6.9.88 to 13.9.88 and was operated upon twice, firstly on 30.7.88 and secondly on 17.8.88 and there was amputation of his leg above knee. Though the claimant asserted that he intended to go abroad for getting the artificial limb fitted which would have entailed an expenditure of Rs.3,00,000/- after including the travelling expenses, yet, as informed by learned counsel for the claimant, his client did not go abroad and got the artificial limb fitted locally. Under these circumstances, the Tribunal thought it reasonable to award an amount of Rs.15,000/- for artificial limb. The claimant has been awarded a sum of Rs.80,000/- by the Tribunal for permanent disability. As per AW-9 Dr Baldev Singh, Professor, Orthopaedics, Medical College, Patiala, the claimant was a case of amputation through right thigh and permanently physically handicapped. The disability was 80%. He was a young man of 29 years of age and yet to be married. He was a Science Teacher in Govt. High School, Ealwal Gaggarpur, Distt. Sangrur. As per the claimant himself, he had lost his right lower limb and could walk with crutches only. His marriage prospects had become bleak due to his disability/handicap. Therefore, a sum of Rs.80,000/- awarded to him on account of permanent disability was grossly inadequate. The same needs to be enhanced by Rs.50,000/- so as to provide solace to the claimant for facing the world. Consequently, the total amount FAO No. 124 of 1991 -5- of compensation would get enhanced by Rs.50,000/- to Rs.2,05,000/-. Resultantly, the appeal is allowed by enhancing the compensation from Rs.1,55,000/- to Rs.2,05,000/-. The claimant shall also be entitled to interest @ 9% per annum on the enhanced amount of compensation from the date of the claim petition till recovery. Liability to pay the awarded amount shall be of respondents No.1 and 2 jointly and severally, but the liability to the extent of Rs.1,50,000/- shall be of Insurance Company-respondent No.3 and the liability for the payment of remaining amount shall be of respondents No.1 and 2 jointly and severally. No costs. March 04, 2010 Pds ( T.P.S. MANN ) JUDGE