NATHU LAL Vs. SANDEEP GULATI

JUDGEMENT

(1.) THESE two Appeals for enhancement of compensation arise out of a common judgment dated 10.02.2011 whereby a compensation of RS.18,314/- and RS.41,212/- was awarded in favour of Appellants Nathu Lal and Chanda Singh respectively.

(2.) ON 04.07.2010, both the Appellants who were working in Delhi Police, were proceeding on their motorcycle No. RJ-32-M- 6899. The two-wheeler was being driven by the Appellant Nathu Lal Yadav while Appellant Chanda Singh was sitting on the pillion. At about 3:15 pm, when they reached at Rama Road, Near Police Station Kirti Nagar, their two-wheeler was struck by a Honda Car No.DL-4CF-9647 which was being driven by the First Respondent in a rash and negligent manner. Both the Appellants fell down from the two-wheeler, they suffered injuries and were removed to DDU Hospital. The Claims Tribunal on analysis of the evidence produced by the Appellants found that the accident was caused on account of the rash and negligent driving of the Honda car by the First Respondent. This finding is not challenged by the driver, owner or the insurer.

(3.) THUS, it can be seen that the Appellant Chanda Singh suffered fracture of spine. He got mild wedging of L1 involving the upper plate with mild reduction of D-12/11 disc space. He suffered injuries on his back. The Appellant got himself discharged from the DDU Hospital on the same day and got himself admitted in Bharat Hospital, Sonepat on 06.07.2010. He was discharged from that Hospital on 10.07.2010. He was advised bed rest and, therefore, had to take 48 days leave which is established from the record. The entire treatment charges (amounting to RS.11,212/-) was granted by the Claims Tribunal. A further sum of RS.15,000/- was awarded towards pain and suffering which, in the facts and circumstances of the case and considering the nature of the injuries and the period of treatment, seems to be just and reasonable.