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2017 Supreme(P&H) 1672

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
The Oriental Insurance Co. Ltd. - Appellant
Versus
Jai Bhagwan and Ors. - Respondents
FAO No. 1665 of 2014
Decided On : 22-09-2017

Advocates Appeared:
For the Appellant : Mr. Lalit Kumar, Mr. Ashwani Talwar
For the Respondent: Mr. Parveen Bhardwaj, Mr. Sidharth Sanwaria, Mr. Jasvir Singh, Mr. B.S. Tanque

The main legal point established in the judgment is the application of the legal principle outlined in G. Ravindranath @ R. Chowdary v. E. Srinivas and another, 2013 (12) SCC 455, which emphasizes the compensation in personal injury cases under various heads, including pecuniary and non-pecuniary damages, future medical expenses, and treatment.

Headnote:

Motor Accident Claims Tribunal - Motor Vehicles Act, 1988, Section 166 - Indian Penal Code, Sections 279, 337, 427, 304-A - G. Ravindranath @ R. Chowdary v. E. Srinivas and another, 2013 (12) SCC 455

Fact of the Case:

Jai Bhagwan suffered injury in a motor vehicle accident and filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Tribunal awarded a sum of Rs. 2,78,000/- along with interest at the rate of 7.5 % per annum. The appeal was filed by the Oriental Insurance Company against the amount awarded by the Tribunal.

Finding of the Court:

The court found that Jai Bhagwan suffered grievous injury and the medical record established the continuity of treatment from the date of the accident till 2010. The court referred to the decision in G. Ravindranath @ R. Chowdary v. E. Srinivas and another, 2013 (12) SCC 455, which emphasized the compensation in personal injury cases under various heads, including pecuniary and non-pecuniary damages, future medical expenses, and treatment.

Issues: The issues involved the consideration of medical expenses incurred over a period of time, the nature of the injuries suffered by Jai Bhagwan, and the applicability of the legal principles governing compensation in personal injury cases.

Ratio Decidendi: The court applied the legal principle established in G. Ravindranath @ R. Chowdary v. E. Srinivas and another, 2013 (12) SCC 455, which outlined the heads under which compensation should be determined in personal injury cases, including pecuniary and non-pecuniary damages, future medical expenses, and treatment.

Final Decision: The appeal filed by the Insurance Company was dismissed, as the court found no illegality or factual error in the award passed by the Tribunal.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The present appeal has been filed against award dated 05.12.2013 passed by the Motor Accident Claims Tribunal, Kaithal (for short, 'The Tribunal').

2. On 11.01.2008 Jai Bhagwan suffered injury, as a result of accident. He was travelling in his Qualish vehicle bearing registration No. CH-03V-2452 which was hit by Bolero bearing registration No. HR24H- 9891 (for short 'The Offending Vehicle'). As a result of the accident Jai Bhagwan suffered hip bone fracture and other injuries. He was shifted to CHC Bhuna, on the same day, he was referred to General Hospital, Fatehabad but he was taken to Malerkotla.

3. FIR No. 13, dated 11.01.2008 was registered under Sections 279, 337, 427 and 304-A of the Indian Penal Code at Police Station Bhuna.

4. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'The Act') claiming a compensation of Rs. 20,00,000/- was filed. The Tribunal after considering the evidence and witnesses awarded a sum of Rs. 2,78,000/- along with interest at the rate of 7.5 % per annum.

5. The present appeal has been filed by the Oriental Insurance Company (for short, 'The appellant') being aggrieved of the amount awarded by the Tribunal.

6. I have heard learned counsel for the parties and perused the paper-book and record.

7. Learned counsel for the appellant contended that the Tribunal has considered the medical expenses even up to the year 2010. The accident occurred in the year 2008, therefore, the medical expenses incurred for two yeas should not have been awarded.

8. Learned counsel for the respondent argues that it was established before the Tribunal that due to the accident Jai Bhagwan suffered fracture of the 'hip bone'. The medical record was produced and doctor was examined. It has come on record that the injury was such which needed long treatment and had to be operated upon. The amount of Rs. 2,78,000/- awarded by the Tribunal includes Rs. 2,43,000/- for medical expenses and bills. Before the Tribunal, the contentions and the evidence raised by the claimants are being reproduced from the award itself :-

17. “As per the contentions raised by the learned counsel for the petitioner, the accident was taken place on 11.01.2008 in the area of village Khasa Pathana situated within the territorial jurisdiction of Police Station Bhuna while the petitioner and other relatives were travelling in vehicle bearing registration No. CH03V-2452. The respondent No. 1, who was driving the offending vehicle bearing registration No. HR24-H-9891 which is Mahindra Bollero and had struck against the vehicle which was boarded by the petitioner along with other occupants. Due to heavy impact, he sustained the injuries and immediately he was taken to CHC Bhuna where he was medico legally examined vide MLR Ex.PW4/B which has been proved by Dr. Devi Dass, who has been examined as PW4. The X-ray was also advised and X-ray report Ex.PW2/A was prepared by Dr. Priyanka Chhabra (PW2). However he could not be properly cured and then regularly continued to visit Malerkotla for getting his treatment at Nizam Hospital w.e.f. 31.1.2008 to 27.2.2009. He has also visit Chawla Nursing Home at Hisar where he was given the medical treatment by Dr.Parveen Chawla (PW4) and he had charged the sufficient amount and also proved the bill Ex.PW5/B as being operation charges amounting to Rs. 20,150/-. The petitioner has also incurred the medical expenses which are the subject matter of the bills Ex.PW5/J to Ex.PW5/AB for purchasing the medicines which were prescribed by Dr. Parveen Chawla. As per statement of Dr. Parveen Chawla, the petitioner was diagnosed a case of fracture dislocation right hip with posterior wall fracture a neglected case and was already a case of three months old. He was operated upon and a bone block operation was done. His head of the femur was depressed and dented with destroyed socket indicating that the hip joint was almost destroyed and will need some surgery later. The prognosis for


















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