In FAO-5574-2002 (O&M)-PUNJ HC- P&H HC modifies MACT award as no amount was awarded towards special diet, pain and sufferings as well as attendant charges
Justice Alka Sarin [16-01-2023]

Read Order: Manjinder Singh v. Daya Ram and Others

Monika Rahar

Chandigarh, January 17, 2023: While dealing with an appeal against the award of the Tribunal in a motor accident, the High Court of Punjab and Haryana has held that only an amount of Rs. 21,299 towards medical expenses was awarded and no amount was awarded towards attendant charges, special diet, pain and sufferings.

Thus, the Bench of Justice Alka Sarin held,  "Keeping in view the fact that minimum wages at the relevant time were Rs.2,000/- per month and for a 24 hour attendant for one month, the attendant charges would have been Rs.4000/- and since the injured appellant remained admitted for a period of two months, an amount of Rs.8,000/- is awarded towards attendant charges. An amount of Rs.5,000/- is also awarded towards special diet and an amount of Rs.50,000/- towards pain and suffering. The amount awarded towards medical bills as well as the  interest component awarded by the Tribunal would remain the same."

The present appeal was filed against the award of the Motor Accident Claims Tribunal, Karnal (‘Tribunal’) whereby an amount of Rs. 21,299/- was awarded towards medical bills to the injured-appellant.

The injured-appellant in the present case had suffered multiple injuries in the accident. His leg was fractured, he also received various injuries on his head and other parts of the body. As per the impugned award passed by the Tribunal, PW4- Dr. Rakesh Girdhar stated that the claimant-appellant remained admitted in General Hospital, Karnal for almost two months and later he was treated as an OPD patient. 

Discharge summary was also placed on the record, thereafter, the injured-appellant as per the sixth witness, Dr. S.C. Singal remained admitted in his clinic because of Hepatitis B.

The injured-appellant's counsel contended that only an amount of Rs. 21,299/- towards medical expenses was awarded and no amount was awarded towards attendant charges, special diet, pain and sufferings. 

Per contra, the counsel for the insurance  company vehemently contended that sufficient amount was awarded.

After hearing the parties, the Court observed that in the present case, the High Court was handicapped in view of the fact that the present was a burnt case and was reconstructed with the help of  the counsel. The fact that the record of the Tribunal was not available, was noted by the Bench. 

However, from a perusal of the award, the Court observed that the injured-appellant remained hospitalised for over a period of two months and the Tribunal awarded  only an amount of Rs.21,299/- towards medical bills. 

"No amount has been awarded under the heads of attendant charges, special diet and pain and sufferings", the Bench added. 

Keeping in view the fact that minimum wages at the relevant time were Rs. 2,000/- per month and for a 24 hour attendant for one month, the attendant charges would have been Rs. 4000/- and since the injured appellant remained admitted for a period of two months, an amount of Rs. 8,000/- was awarded towards attendant charges. 

"An amount of Rs.5,000/- is also awarded towards special diet and an amount of Rs.50,000/- towards pain and suffering. The amount awarded towards medical bills as well as the interest component awarded by the Tribunal would remain same", the Bench added. 

Modifying the compensation, the Bench added, "The amount of Rs.63,000/- shall also attract interest @ 9% per annum from the date of filing of the claim petition till the realization of the entire amount."

It was thus made clear that award was modified only to the extent aforementioned and the recovery rights given to respondent -Insurance Company were maintained.