FAO-5713-2013

1

208

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-5713-2013

Date of Decision: 11.3.2015

Ugma Devi

....Appellant

vs.

Dharmender and others

....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDIP SINGH

Present:

Mr. S.K. Yadav, Advocate

for the appellant.

Mr. R.C. Gupta, Advocate

for respondent No.3.

1. Whether Reporters of Local Newspapers may be allowed to

see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgement should be reported in the Digest?

Kuldip Singh J.(Oral)

Ugma Devi was injured in a motor vehicle

accident. The award was passed in favour of the claimant under

Section 166 of the Motor Vehicle Act, 1988. The compensation

under various heads was granted, which need not be reproduced.

The only contention raised before this Court is that as per the

statement of the doctor the disability was 22 per cent. However,

the tribunal took the disability of the petitioners as 4 per cent and

therfore, awarded a compensation to the tune of Rs. 21116/- while

calculating the total income of the claimaint as Rs.5,27,904/-. The

copy of the statement of the doctor produced before this Court

ISHANT

2015.03.13 16:37

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-5713-2013

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shows that Dr. Pankaj Aggarwal-PW-2 has stated that the board

assesed the permanent disability to the extent of 22 per cent on

account restricted movements of left hip and partial loss of

stability. The original disability certificate Ex.PW2/A was proved by

the doctor. The doctor further stated that the disability effects the

whole body of the patient. The patient will feel some difficulty in her

routine work, walking and climbing stairs. In view of the statement

of the doctor, I am of the view that disablity falls under the category

of permanent disability. Therefore, the disablility is taken as 22 per

cent as certified by the doctor. It being so the compensation on

account of permanent disability comes to Rs.1,43,704/-.

Accordingly the appeal is allowed to that extent and compensation

awarded on account of permanent disability is enhanced from

21,116/- to 1,43,704 alongwith the interest on enhanced amount

as allowed by the tribunal. Since the claimant had sufferred

fracture of the hip, which is likely to take couple of weeks to heal,

therefore, compensation on account of pain and sufferring is also

enhanced from 20,000/- to 50,000/-.

Appeal is accordingly allowed.

(KULDIP SINGH)

JUDGE

11.3.2015

Ishant

ISHANT

2015.03.13 16:37

I attest to the accuracy and

integrity of this document

Chandigarh