FAO NO.2001 OF 20 v. KRISHAN KUMAR & Ors.

Judgment

#1. By way of present appeal, challenge has been laid to the Award dated By way of present appeal, challenge has been laid to the Award dated By way of present appeal, challenge has been laid to the Award dated By way of present appeal, challenge has been laid to the Award dated

31.01.2024 passed by the learned Motor Accident Claims Tribunal, Kaithal (for 31.01.2024 passed by the learned Motor Accident Claims Tribunal, Kaithal (for 31.01.2024 passed by the learned Motor Accident Claims Tribunal, Kaithal (for 31.01.2024 passed by the learned Motor Accident Claims Tribunal, Kaithal (for short, “the Tribunal”), whereby compensation to the tune of Rs. short, “the Tribunal”), whereby compensation to the tune of Rs.5,54,017/- was awarded in favour of the appellant along with interest @ 7% per annum from the awarded in favour of the appellant along with interest @ 7% per annum from the awarded in favour of the appellant along with interest @ 7% per annum from the awarded in favour of the appellant along with interest @ 7% per annum from the date of filing of claim petition till its realization on account of injuries suffered by date of filing of claim petition till its realization on account of injuries suffered by date of filing of claim petition till its realization on account of injuries suffered by date of filing of claim petition till its realization on account of injuries suffered by him in a motor vehicular accident. him in a motor vehicular accident.

#2. ation in present appeals is confined to As sole issue for determination in present appeals is confined to ation in present appeals is confined to As sole issue for determin quantum of compensation awarded by the Tribunal, a detailed narration of facts of quantum of compensation awarded by the Tribunal, a detailed narration of facts of quantum of compensation awarded by the Tribunal, a detailed narration of facts of quantum of compensation awarded by the Tribunal, a detailed narration of facts of the case is not reproduced herein for the sake of brevity. the case is not reproduced herein for the sake of brevity. the case is not reproduced herein for the sake of brevity. FAO NO.2001 OF 20 2024 (O&M) 2 ARGUMENTS ON BHELAF OF LEARNED COUNSEL FOR THE ARGUMENTS ON BHELAF OF LEARNED COUNSEL FOR THE ARGUMENTS ON BHELAF OF LEARNED COUNSEL FOR THE ARGUMENTS ON BHELAF OF LEARNED COUNSEL FOR THE APPELLANT/CLAIMANT APPELLANT/CLAIMANT earned counsel for the appellant contended that the claimant remained 3. Learned counsel for the appellant contended that the claimant remained earned counsel for the appellant contended that the claimant remained earned counsel for the appellant contended that the claimant remained admitted in Swastik Hospital, Karnal from 20.08.2020 to 08.09.2020; underwent admitted in Swastik Hospital, Karnal from 20.08.2020 to 08.09.2020; underwent admitted in Swastik Hospital, Karnal from 20.08.2020 to 08.09.2020; underwent admitted in Swastik Hospital, Karnal from 20.08.2020 to 08.09.2020; underwent major neurosurgical intervention; remained in coma for a considerable period; one major neurosurgical intervention; remained in coma for a considerable period; one major neurosurgical intervention; remained in coma for a considerable period; one major neurosurgical intervention; remained in coma for a considerable period; one removed and preserved in the abdominal region and was portion of skull bone was removed and preserved in the abdominal region and was removed and preserved in the abdominal region and was portion of skull bone was fixed through a future surgery. It was argued that despite such required to be re-fixed through a future surgery. It was argued that despite such fixed through a future surgery. It was argued that despite such required to be re grave injuries, the Tribunal awarded a meager amount of ₹60,000/- under all non under all non- grave injuries, the Tribunal awarded a meager amount of grave injuries, the Tribunal awarded a meager amount of awarded inadequate amounts towards pecuniary heads collectively and further awarded inadequate amounts towards awarded inadequate amounts towards pecuniary heads collectively and further attendant charges, special diet and future treatment. attendant charges, special diet and future treatment. attendant charges, special diet and future treatment. ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR RESPONDENT No.3/INSURANCE COMPANY. RESPONDENT No.3/INSURANCE COMPANY. RESPONDENT No.3/INSURANCE COMPANY.

#4. Per contra, Per contra, Per contra, Per contra, learned counsel representing learned counsel representing learned counsel representing learned counsel representing the respondent No. the respondent No. the respondent No. the respondent No. neither refuted the factum of accident nor even the 3/Insurance Company, neither refuted the factum of accident nor even the neither refuted the factum of accident nor even the 3/Insurance Company, negligence of the offending vehicle, however submitted that in the facts and negligence of the offending vehicle, however submitted that in the facts and negligence of the offending vehicle, however submitted that in the facts and negligence of the offending vehicle, however submitted that in the facts and circumstances of the present case, the compensation assessed by the learned circumstances of the present case, the compensation assessed by the learned circumstances of the present case, the compensation assessed by the learned circumstances of the present case, the compensation assessed by the learned Tribunal called for no interference. Tribunal called for no interference. DISCUSSION AND REASONING DISCUSSION AN

#5. I have heard learned counsel for the parties and perused the paper- I have heard learned counsel for the parties and perused the paper I have heard learned counsel for the parties and perused the paper I have heard learned counsel for the parties and perused the paper book of the case. I find substance in the arguments advanced by the learned book of the case. I find substance in the arguments advanced by the learned book of the case. I find substance in the arguments advanced by the learned book of the case. I find substance in the arguments advanced by the learned

counsel for the appellant/claimant. counsel for the appellant/claimant.

#6. Before determining the quantum of compensation, it is essential to Before determining the quantum of compensation, it is essential to Before determining the quantum of compensation, it is essential to Before determining the quantum of compensation, it is essential to draw guidance from the principles laid down in similar cases by the Hon’ble Apex draw guidance from the principles laid down in similar cases by the Hon’ble Apex draw guidance from the principles laid down in similar cases by the Hon’ble Apex draw guidance from the principles laid down in similar cases by the Hon’ble Apex