HARBANS SINGH Vs. KULDIP SINGH AND ANR.

JUDGEMENT

(1.) The claimant has filed the present appeal in order to seek enhancement of compensation amount for the injuries received by him in a motor vehicular accident. Vide impugned award dated 1.3.2001, learned Motor Accidents Claims Tribunal Patiala granted him an amount of Rs. 1,40,000.00 as compensation and both the respondents were made jointly and severally liable to pay the said amount.

(2.) It is not in dispute that keeping in view the various injuries received by him in the accident, PW3 Dr. Daljit Singh had opined that the appellant had suffered permanent disability to the extent of 60%. Despite the same, learned Tribunal awarded an amount of Rs. 60,000.00 only on the said count, whereas the settled law is that for every 1% of permanent disability, the claimant shall be granted an amount of Rs. 2,000.00. The aforementioned factual position has not been disputed by counsel for respondent No.2 and, therefore, this Court has no other option but to hold the appellant entitled to receive an amount of Rs. 1,20,000.00 as compensation and not just Rs. 60,000.00 on account of permanent disability.

(3.) The appellant was admittedly working as a Foreman with the Haryana Udyog, Panipat which fact has come in the testimony of PW4 Gopal Chand. It was deposed by him that the appellant used to draw monthly salary of Rs. 5,000.00. Similarly the appellant, while appearing as PW1 before the Tribunal, had testified that he was not able to walk without stick. He could not drive a vehicle or even climb the bus without the assistance. Further, he had deposed that he could not do any work. His services were terminated by the Haryana Udyog, Panipat. However, there is no concrete material available on the file to show that because of the injuries received by the appellant, his services were terminated by the Haryana Udyog. Be that as it may, the amount of Rs. 10,000.00 awarded to the appellant by the Tribunal on account of pain and sufferings is grossly inadequate. In the considered opinion of this Court, the appellant deserves to be granted an amount of Rs. 30,000.00 for the pain and sufferings and not just Rs. 10,000.00.