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2013 Supreme(P&H) 801

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Vijender Singh Malik
F.A.O. No. 6012 of 2010
Vinod Kumar Bangar
v.
Azad alias Mohammad Azad & Ors.
{Decided on 16/08/2013}

Advocates:
For the Appellant:Mr. Amit Singla, Advocate.
For the Respondent No.3:Mr. T.K. Joshi, Advocate.

Headnote:Accident--Medical Expenses--At least some amount should have been added in the name of expenses incurred on the treatment of the claimant without obtaining bills.

       (A) Motor Vehicles Act, 1988, S.166--Accident--Medical Expenses--At least some amount should have been added in the name of expenses incurred on the treatment of the claimant without obtaining bills. (Para 7)

       (B) Motor Vehicles Act, 1988, S.166--Accident--Conveyance and Attendant charges--Personal Injury--Claimant had to visit hospital OPD many times--Conveyance and attendant charges enhanced from Rs.7,000/- to Rs.25,000/-. (Para 8)

       (C) Motor Vehicles Act, 1988, S.166--Accident--Special diet--Personal Injury--Claimant remained hospitalized for two months and also remained in home for recovery--Expenses on special diet cannot be limited to Rs.10,000/- --Enhanced to Rs.25,000/-. (Para 9)

       (D) Motor Vehicles Act, 1988, S.166--Accident--Loss of future income--22% disability--Claimant was aged 26 years old--Loss of future income enhanced from Rs.44,000/- to Rs.50,000/-. (Para 10)

       (E) Motor Vehicles Act, 1988, S.166--Accident--Loss of future enjoyment of life--Claimant aged 26 years suffered 1½ inch shorting of leg--Rs.25,000/- assessed as compensation. (Para 11)

JUDGMENT

Mr. Vijender Singh Malik, J.:- This is an appeal brought by the claimant seeking enhancement of compensation. The claim petition had been brought under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 10,00,000/- for the injuries the claimant suffered in a road side accident that took place on 3.11.2008. Learned Motor Accidents Claims Tribunal, Hisar (for short ‘the Tribunal’) vide award dated 15.5.2010 allowed the claim petition and awarded a sum of Rs.1,74,000/- as compensation in favour of the claimant.

2. The claimant, who was riding a motorcycle on 3.11.2008 at a moderate speed, at about 9.30 AM he was hit by a pick up vehicle driven by respondent no.1. The claimant suffered serious injuries including fracture of his leg. He was taken to General Hospital, Gurgaon, where he was medically examined . He was then shifted to Arora Hospital, Hisar. He remained hospitalized at various hospitals and he has suffered permanent disability to the extent of 22%.

3. The respondents have denied the aforesaid averments of the claimant. They have denied the claimant to have suffered the injuries he claimed in his petition and he is denied to deserve the amount of Rs.10,00,000/- as compensation.

4. Learned Tribunal discussed the entire evidence under issue no.2 and assessed a sum of Rs.1,74,000/- as compensation.

5. Learned counsel for the appellant has contended that the claimant had proved a sum of Rs.77,714.40 paise as the expenses incurred in his treatment. According to him, learned Tribunal did not take into consideration the fact that some amounts are spent in such like cases without obtaining bills. He has further submitted that the appellant remained hospitalized for 59 days and he remained on leave for a longer period. According to him, he remained hospitalized at General Hospital, Gurgaon from 3.11.2008 to 10.11.2008 and then he was shifted to Arora Hospital, Hisar where he remained hospitalized from 11.11.2008 to 8.12.2008. According to him, the claimant remained hospitalized again from 22.1.2009 to 2.2.2009 and from 15.5.2009 to 29.05.2009. He has further submitted that learned Tribunal has assessed a sum of Rs.10,000/- towards special diet and attendant charges, which is at a very lower side. According to him, he has assessed Rs.44,000/- as loss of future income on account of permanent disability. He has further submitted that this amount is also on a lower side. He has further submitted that a sum of Rs.25,000/- for pain and suffering and Rs.10,000/- for future medical expenses are also on lower side.

6. Learned counsel for respondent no.3, on the other hand, has submitted that the Tribunal has been fully justified in assessing Rs.1,74,000/- as compensation in favour of the claimant. According to him, no further amount is admissible to the claimants as compensation.

7. While finding a sum of Rs.77714.40 paise as the expenses incurred by the claimant on his treatment, learned Tribunal rounded off this figure to Rs.78,000/-. He has not taken care of any amount which the claimant/attendant could have spent in purchasing medicines during the early hours of the post accident period without obtaining bills. At least some amount should have been added in the name of expenses incurred on the treatment of the claimant without obtaining bills. I take Rs.80,000/- as the expenses incurred by the claimant on his treatment.

8. The claimant had been hospitalized at General Hospital, Gurgaon and then was taken to Arora Hospital, Hisar and from Arora Hospital, Hisar he was discharged in the beginning on 8.12.2008 and he sought readmission with effect from 22.1.2009. He was readmitted on 15.5.2009 also . How many times he would have visited the hospital in the OPD can also be presumed from this evidence. For conveyance and attendant charges, a sum of Rs.7000/- has been assessed by learned Tribunal, which appears to be too low. I therefore, find a sum of Rs.25,000/- to be adequate to compensate the claim





































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