MANOJ KUMAR SHARAWAT Vs. SOHAN LAL
LAWS(P&H)-2014-5-429
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 07,2014

Manoj Kumar Sharawat Appellant
VERSUS
SOHAN LAL Respondents

JUDGEMENT

K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 26.03.2001. The claimant was a Medical Representative, aged 26 years and on account of injuries, he had been hospitalized for treatment from 27.03.2001 to 02.04.2001. He had received injuries on his head and other parts of his body. He had a fracture on the right thigh. It was claimed in evidence that he was drawing Rs. 10,000/ - as salary as a Medical Representative from Glaxo India Limited and that the medical expenses to the tune of about Rs. 1,01,000/ -were incurred. The disability certificate had been produced but the Tribunal did not act on the same since the doctor who had issued the certificate assessing the disability to the extent of 9% was not examined. There had been a fracture and if the disability certificate had been issued by a doctor assessing a modest percentage of disability, I will not go as far as to discard the same and take that to be relevant for consideration of assessment of loss of amenities. He had also placed proof for having charges for transport to hospital that were discarded by the Tribunal since the witness who had transported him was not in a position to remember the registration number of the auto -rickshaw. I will allow for the entire amount as claimed as going towards transport expenses. He had taken treatment at Pasricha Hospital at Jalandhar and the medical bills showed payment of various items to the hospital. The Tribunal did not grant hospital expenses since the claimant himself admitted in the cross -examination that he had received Rs. 25,000/ - as fixed medical allowance from the company in which he was serving. There were however other bills, namely, Mark 39 for Rs. 12,500/ - issued by Zenith Surgical Company, but this was discarded because no person from the company was examined. I would find the entitlement of the petitioner -claimant to the amount mentioned in the bill. The cost of medicines apart form the hospital expenses, transportation and medical allowance already claimed would total up to Rs. 47,000/ - and odd and I will allow for Rs. 50,000/ - under the said head. I rework the compensation regarding pain and suffering relatively higher having regard to the fractures suffered by him and the multiple injuries all over his body. It is not very clear from the evidence of whether there had been any loss of income on account of leave or whether there was any particular disability in carrying out his work on account of injuries. I, therefore, make no separate provision for the same. The various heads of claim as tabulated as under: - There shall be an award of Rs. 1,02,500/ - and the additional amount secured through this award shall attract interest at 7.5% from the date of petition till date of payment. The liability shall on the insurer.
(2.) THE award stands modified and the appeal is allowed to the above extent.;


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