SARDAR PARAMJIT SINGH NARANG Vs. RANBIR SINGH

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.5,52,148/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of Paramjit Singh Narang who suffered injuries in a motor vehicle accident which occurred on 04.08.1997.

(2.) ON the fateful day, that is, 04.08.1997, the Appellant along with the other members of his family was travelling in a maruti van. They were on their way back from Patiala and had reached Kurukshetra. A Haryana Roadways bus No.HR-47-2354 driven by the First Respondent in a rash and negligent manner dashed against the maruti van, as a result of which the Appellant and the other family occupants of the maruti van suffered serious injuries which proved fatal in case of Smt. Krishnawati and Wazir Singh who succumbed to their injuries on 08.04.1998 and 15.08.1997 respectively.

(3.) APPELLANT Paramjeet Singh suffered crush injuries on his right hand and there was loss of upper bone. He(the Appellant) was admitted in Jaipur Golden Hospital from 05.08.1997 to 27.08.1997. Debridement of the wound was carried out and after surgery, external fixator was applied on 05.08.1997. Fixator was removed on 11.08.1997 and debridement was done on 11.08.1997 which was repeated before discharge. He was again admitted in this very Hospital on 10.09.1997 and was discharged on 22.09.1997 where he again underwent surgery. The Appellant remained under treatment in AIIMS, Sama Nursing Home, Sir Ganga Ram Hospital as is evident from the documents Ex.PW2/64 to Ex.PW2/318. He suffered permanent disability to the extent of 45% on account of fracture of shaft femur (R) with flail elbow with wrist drop (Rt) as per the disability certificate Ex.PW2/117 issued by Dr. Ram Manohar Lohia Hospital. It was proved that at the time of the accident, the Appellant had an income of Rs.70,000/- per annum. He was awarded a compensation of Rs.5,52,148/- which is tabulated hereunder: