MANMOHAN SINGH Vs. SUKHWINDER SINGH @ SUKHA AND OTHERS

JUDGEMENT

(1.) Cm-9855-Cii-2018

(2.) In nutshell, the learned Tribunal in a claim petition under Section 166 of the Motor Vehicles Act, 1988, of the appellant for grant of compensation against injuries suffered by the appellant-claimant in a motor vehicular accident occurred on 26.02.2009, had awarded compensation to the tune of Rs 4,07,450/- to him, vide impugned Award dated 07.05.2011.

(3.) Learned counsel for the appellant-claimant contends that despite hospitalization of the appellant as an indoor patient twice for 39 days and suffering compound fracture of right leg and comminuted fracture right acetabulam with dislocation of right hip joint, which led to 30% permanent disability as per disability certificate Ex. PW-2/A, the learned Tribunal has awarded a very meagre consolidated sum of Rs 15,000/- towards pain and sufferings and hospitalization. The learned Tribunal ought to have awarded compensation to the tune of Rs 1 lakh towards pain and sufferings, besides a sum of Rs 50,000/- towards hospitalization. The learned Tribunal has also erred in granting very small amount towards special diet to the appellant, without appreciating the lengthy period of his hospitalization of 39 days. The learned Tribunal ought to have granted compensation to the tune of Rs 60,000/- instead of Rs 30,000/- towards permanent disability.