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Chandu Lal Sood Vs. Ved Pal and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported in1(1985)ACC179
AppellantChandu Lal Sood
RespondentVed Pal and ors.
Cases ReferredSurjii Singh Bhatia v. Segalla Ramulu and Ors.
Excerpt:
.....his allegations as state action shall always be presumed to be in accordance with law - 5. seen in the totality of the circumstances of the claimant, in the context of the nature and extent of the injuries suffered by him, the tribunal clearly fell in error in awarding to the claimant only rs......as compensation to the claimant.3. the evidence on record would show that the claimant chandu lal sood suffered as many as eight injuries in this accident, included amongst them being a communited fracture of both bones of the left leg p.w. 7 dr. v.p. bansal who treated the claimant stated that the left leg of the claimant had now been shortened by 3 centimetres and further that, on account of the shortening of the leg, the claimant could have pains in his joints or spine after 10/15 years. it was also stated that there was limitation in the movement of the ankle joint.4. it would be relevant to note here that chandu lal sood was an agent of the life insurance corporation of india and was 42 years of age at the time of this accident.5. seen in the totality of the circumstances of the.....
Judgment:

S. S. Sodhi, J.

1. The claim in appeal here is for enhanced compensation for the injuries suffered by the claimant Chandu Lal Sood, when he was knocked down by a motor-cycle. This happened on October 28, 1976 near the Rose Garden on the road between Sectors 16/17, Chandigarh.

2. It was the finding of the Tribunal that the accident had been caused entirely due to rash and negligent driving of Ved Pal the driver of the motorcycle, CHO 4880. A sum of Rs. 9,500/- was awarded as compensation to the claimant.

3. The evidence on record would show that the claimant Chandu Lal Sood suffered as many as eight injuries in this accident, included amongst them being a communited fracture of both bones of the left leg P.W. 7 Dr. V.P. Bansal who treated the claimant stated that the left leg of the claimant had now been shortened by 3 centimetres and further that, on account of the shortening of the leg, the claimant could have pains in his joints or spine after 10/15 years. It was also stated that there was limitation in the movement of the ankle joint.

4. It would be relevant to note here that Chandu Lal Sood was an agent of the Life Insurance Corporation of India and was 42 years of age at the time of this accident.

5. Seen in the totality of the circumstances of the claimant, in the context of the nature and extent of the injuries suffered by him, the Tribunal clearly fell in error in awarding to the claimant only Rs. 3,500/- as compensation for pain and suffering and the physical disability caused to him thereby. This amount deserves to be enhanced to Rs. 20,000/- keeping in view the precedent provided by the earlier judgment in Surjii Singh Bhatia v. Segalla Ramulu and Ors. 1983 A.C.J. 603. The amount of Rs. 1,000/- awarded as compensation for medical expenses and Rs. 5,000/- for loss of earnings, does not however, warrant any interference.

6. The compensation payable to the claimant is accordingly hereby enhanced to Rs. 26,000/-, 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 accordingly hereby accepted with costs. Counsel fee Rs. 300/-.


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