LAWS(P&H)-2015-2-717

ATUL BANSAL Vs. BANWARI LAL

Decided On February 19, 2015
ATUL BANSAL Appellant
V/S
BANWARI LAL Respondents

JUDGEMENT

(1.) DIS -satisfied against Award dated February 06, 2012 passed by the Motor Accident Claims Tribunal, Bathinda (for brevity, 'Tribunal'), vide which, the claim petition was disposed of by holding respondent Nos.1 to 3, jointly and severally liable to pay compensation to the tune of Rs. 1,10,000/ - on account of injuries sustained in a vehicular accident which occurred on Santpura Road on June 08, 2010 in the area of District Bathinda, the appellant/ claimant has preferred the instant appeal seeking enhancement.

(2.) IN response to notice issued to respondent No.3 Reliance General Insurance Company Limited (for short, 'Insurance Company'), Mr. R.S. Dhull, Advocate, appeared and represented it.

(3.) THE only contention of learned counsel for the appellant is that it is an undisputed fact that the accident occurred due to rash and negligent driving of Canter No.RJ -31 -G -0738 but while awarding compensation, the learned Tribunal has awarded only a sum of Rs. 10,000/ - on account of special diet, transportation, attendance, pain, suffering and mental agony. The learned Tribunal has failed to appreciate that the appellant remained admitted in Bharat Brain Hospital from June 08, 2010 to June 11, 2010. Subsequently, due to his precarious condition, he was shifted to CMC, Ludhiana on June 11, 2010 where he remained admitted upto June 26, 2010. He was also operated upon for liver rapture and fracture of right side ribs. He remained bed ridden for a period of more than six months even after discharge from the hospital. Thus, the amount of compensation awarded by the Tribunal deserves to be enhanced.