KARAN SINGH Vs. HAWA SINGH

JUDGEMENT

(1.) THIS is an appeal brought by injured/claimant Karan Singh for enhancement of compensation awarded to him vide award dated 20.10.2009 by learned Motor Accidents Claims Tribunal, Narnaul (for short 'the Tribunal'). The amount awarded to the claimant for the injuries suffered by him is Rs.1,25,000/ - with interest @ 6% per annum from the date of filing the petition till realization of the amount.

(2.) LEARNED counsel for the appellant has contended that the claimant suffered injuries and he was taken to C.H.C., Mahendergarh after the accident but was then rushed to S.M.S. Hospital, Jaipur and thereafter he stayed at Krishna Hospital at Rewari also for a long time for treatment. He has submitted that the treatment continued for a long time during which he underwent several operations. According to him, he spent a lot on his treatment, for which learned Tribunal has assessed a sum of Rs.60,000/ - as compensation. According to him, a sum of Rs.15,000/ - alone has been assessed as compensation for pain and suffering. He has further submitted that the appellant underwent four operations and remained under treatment for long and his pain and suffering could well be imagined. According to him, for permanent disability, a sum of Rs.50,000/ - has been awarded and nothing has been awarded towards the loss of income during the treatment, for expenses incurred on attendants, special diet, conveyance etc.

(3.) DR . Dinesh Podar, Deputy Civil Surgeon, Narnaul, who was a member of the Board constituted to assess the permanent disability of the appellant found the disability to have been at 15% , on account of range of motion of right ankle joint reduced by 10% with superficial and deep complication arising out of malunion tibia and fibula and also by formation of a scar in right leg. Evidence has come on record that the appellant took treatment at S.M.S., Hospital Jaipur, Krishna Hospital at Rewari and Pooja Hospital Narnaul. The injuries that resulted in disability wrote a story of pain and suffering and a sum of Rs.15,000/ - alone for the same would not be said to be adequate as compensation for the same. Similarly, no amount has been paid to the claimant for loss arising out of his being under treatment for a long time as to the loss of his income. Special diet, conveyance charges and attendant charges are also to be taken into account. Assessing the compensation on the aforesaid heads, I assess the following as compensation in his case. <FRM>JUDGEMENT_1154_TLP&H0_2013.htm</FRM>