LAWS(P&H)-2013-9-100

GULAB SINGH Vs. SHUBEG SINGH

Decided On September 26, 2013
GULAB SINGH Appellant
V/S
Mr. Shubeg Singh Respondents

JUDGEMENT

(1.) THIS is an appeal brought by the injured -claimant seeking enhancement of compensation. Gulab Singh, the claimant sought compensation in a sum of Rs. 5,00,000/ - for the injuries he suffered in a road side accident that took place during the night intervening 27th and 28th of May 2008. His claim petition, brought under section 163A of the Motor Vehicles Act, 1988 (for short 'the Act'), has been allowed by learned Motor Accidents Claims Tribunal, Kurukshetra (for short 'the Tribunal') vide award dated 27.02.2010 in a sum of Rs. 1,11,000/ -. Gulab Singh suffered multiple serious and grievous injuries. He was brought out from under the vehicle by the police and was taken to CHC, Naraingarh. He was referred therefrom to PG1, Chandigarh. He was found to have got fractured both bones of his right leg. He also suffered injuries on his head, face and other parts of the body. He has suffered permanent disability. For all these reasons, a sum of Rs. 5,00,000/ - is claimed as compensation.

(2.) THE claim petition is resisted by the respondents. They have denied the aforesaid averments of the claimant and have denied the claimant to deserve a sum of Rs. 5,00,000/ - as compensation for his injuries.

(3.) LEARNED counsel for the appellant has contended that the accident took place on 27.05.2008. According to him, it is a case of fracture of both bones of right leg. According to him, the claimant has lost future income and has been allowed only a sum of Rs. 64,000/ - as compensation. According to him, Rs. 20,000/ - for pain and suffering, Rs. 4000/ - each for rich diet, attendant and transportation are also on lower side. He has further submitted that a sum of Rs. 63,000/ - was spent in his treatment but learned Tribunal has allowed only a sum of Rs. 15,000/ - for medical expenses.