Punjab And Haryana High Court · 2012
Case at a glance
Provisions considered
Judgment
by counsel for the respondents, it is made out that the appellant had spent an actual amount of Rs.29,365/- (rounded of to Rs.30,000/-). The details of the aforementioned receipts are as under :- Exhibit Date Amount (Rs.) P-2 P-8 P-9 P-48 P-49 P-50 P-51 P-52 P-53 P-54 P-55 P-56 P-57 P-58 P-59 P-60
16.12.2002
13.12.2002
13.12.2012
8.12.2002
13.12.2002
13.12.2002
21.12.2002
21.12.2002
16.12.2002
18.4.2003
25.10.2003
10.12.2003
13.9.2003
12.1.2004
18.9.2003
4.10.2003 Total : 1,500/- 1,500/- 6,589/- 1,500/- 5,000/- 892/- 406/- 180/- 1,500/- 438/- 2,751/- 345/- 917/- 345/- 2,751/- 2,751/- 29,365/- F.A.O. No. 852 of 2005 -4- An amount of Rs.20,000/- was awarded by the Tribunal to the appellant on the ground that with the injuries received by him, his level of enjoyment of life and also its span would be seriously affected. Similarly, Rs.10,000/- was granted on account of loss of income as he was running rice sheller and had remained under treatment for a considerable period of time. The aforementioned two amounts are not liable to be enhanced. At the same time, the Court notices that the appellant had suffered disability to the extent of 20%. Nothing had been awarded to the appellant on that count. For every 1% of disability Rs.2,000/- can be awarded as has been held by the various Courts from time to time. The appellant would, thus, be entitled to collect an amount of Rs.40,000/- under that head. As a result of the above, the appellant is entitled to receive total compensation of Rs.1,50,000/-, i.e. Rs.50,000/- for pain and suffering, Rs.30,000/- towards expenditure incurred on medical treatment, Rs.20,000/- for loss of enjoyment of life, Rs.10,000/- for loss of income and Rs.40,000/- for 20% disability. For paying the enhanced amount of compensation, all the respondents shall be jointly and severally liable. As the offending vehicle stood fully insured, it would be the primary responsibility of respondent No.3-Insurance Company to pay the enhanced amount of compensation so as to indemnify the owner. Resultantly, the compensation amount awarded by the Tribunal to the appellant on account of injuries suffered by him in the F.A.O. No. 852 of 2005 -5- road accident is enhanced from Rs.95,000/- to Rs.1,50,000/-. The enhanced amount of compensation shall be paid by respondent No.3- Insurance Company to the appellant within a period of two months from today by way of bank draft in his name and delivered at his door step, failing which the appellant shall be entitled to recover the enhanced amount of compensation alongwith interest @ 7.5% per annum from the date of filing of the claim petition till realization. The appeal is, accordingly, disposed of. October 10, 2012 satish ( T.P.S. MANN ) JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988.
Which court decided this case, and when?
Punjab & Haryana High Court, on 10 Oct 2012. The bench was T P S MANN.
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