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ishwar Pal Attri Vs. Devinder Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in1(1985)ACC142
Appellantishwar Pal Attri
RespondentDevinder Singh and ors.
Excerpt:
.....bidder to establish his allegations as state action shall always be presumed to be in accordance with law - 2000/-.besides this he also complained of a loss of agricultural income......tribunal considering the evidence on record held the claimant entitled to rs. 1600/- on account of loss of income and rs. 600/- for medical expenses, but where it fell in error was in awarding only rs. 1300/- as general damages. having regard to the nature and extent of the injuries suffered, the pain and sufferings which the claimant must have undergone on account thereof and also taking into account the loss of income and medical expenses as assessed by the tribunal it would be reasonable and just to hold the claimant entitled to a total sum of rs. 12,000/.6. the compensation payable to the claimant is accordingly hereby enhanced to rs. 12,000/- which he shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of the.....
Judgment:

S.S. Sodhi, J

1. On May 21, 1978, the claimant Ishwar Pal Attri, while travelling in the mini bus CHW-3538 sustained injuries, when it was involved in an accident with a Punjab Roadways bus PUS-7631 at the crossing of Sectors 34 and 35, Chandigarh. A sum of Rs. 3500/- was awarded as compensation to the claimant.

2. The claimant in appeal now is for enhancement of compensation.

3. According to the evidence on record, four ribs of the claimant were fractured in this accident and there was also a fracture of the left scapula. PW. 5 Dr. D.P. Kansal of the General Hospital, Chandigarh, who deposed to these injuries also stated that the claimant remained admitted in the hospital from May, 21, 1978 to May 27, 1978 and that the fractures on the person of the claimant would have normally taken six weeks to unite during which period he could obviously not have attended to his professional work.

4. The claimant who is an Advocate appeared as PW. 2 and deposed that on account of his injuries he could not attend to his profession till August, 1978 and during that period, he suffered a loss of Rs. 2000/-. Besides this he also complained of a loss of agricultural income. Reference was also made to the pain and sufferings caused to him by these injuries.

5. The Tribunal considering the evidence on record held the claimant entitled to Rs. 1600/- on account of loss of income and Rs. 600/- for medical expenses, but where it fell in error was in awarding only Rs. 1300/- as general damages. Having regard to the nature and extent of the injuries suffered, the pain and sufferings which the claimant must have undergone on account thereof and also taking into account the loss of income and medical expenses as assessed by the Tribunal it would be reasonable and just to hold the claimant entitled to a total sum of Rs. 12,000/.

6. The compensation payable to the claimant is accordingly hereby enhanced to Rs. 12,000/- which he shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded.

7. This appeal is consequently hereby accepted- with costs. Counsel's fee Rs. 300/-.


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