SATPAL SINGH Vs. INDER

JUDGEMENT

(1.) This appeal has been preferred by the injured/claimant against the inadequacy of award dtd. 14/1/2013 passed by the Motor Accident Claims Tribunal, Kapurthala (hereinafter to be referred as 'the Tribunal').

(2.) Brief facts are that the accident in question took place on 7/3/2008 at about 3.00 p.m., when the claimant was going on his motorcycle which was being driven by Sonu son of Gurdev Singh. When they reached near the Kaumpur gate, the offending vehicle (Maruti car) came in a rash and negligent manner, which was being driven by respondent No. 1 struck against the motorcycle resulting in serious injuries on the person of the claimant.

(3.) After appreciating the material on record, the Tribunal has found that the injured/claimant has sustained permanent disability to the tune of 55% in relation to his legs, where he suffered fracture in both the legs due to the incident. There was shortening of his leg also. The injured/claimant remained hospitalised from 7/3/2008 to 7/5/2008. The Tribunal assessed an amount of Rs.1,34,387.00 towards medical expenses incurred by the claimant. Permanent disability to the tune of 55% was redressed by granting an amount of Rs.2,000.00 per percentage towards disability, thereby granting an amount of Rs.1,10,000.00 under the head of permanent disability. For two fractures in the legs, an amount of Rs.15,000.00 was assessed besides assessing an amount of Rs.20,613.00 towards pain, shock and sufferings. In totality, an amount of Rs.2,80,000.00 was awarded by the Tribunal as compensation along with interest @ 7% per annum from the date of filing of claim petition till final realisation of the amount. Insurance Company was held liable to indemnify the injured. Insurance Company was further directed to deposit the amount within a period of one month from the receipt of copy of the award, failing which the claimant was held entitled to receive an amount of compensation with interest @ 10% per annum.