2010(3) LAW HERALD (P&H) 2051
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
FAO No. 642 of 1988 (O&M)
Satish Kumar
v.
Rattan Lal Ors.
{Decided on 17/02/2010}
For the appellant-claimant Satish Kumar: Mr. Sanjay Mittal, Advocate.
For the Respondent: Mr. Ashish Gupta, AAG Haryana.
(A) Motor Vehicles Act, 1988, S.166--Compensation--Negligence--As per the medical evidence injury was at the shoulder joint and arm--In normal circumstances it cannot be expected that a person will keep his entire arm outside window--Bus and truck were so close that it hit shoulder of claimant, as a result of which he suffered serious injuries on account of which his arm had to be amputated--Fact that both vehicles crossed each other so closely that it resulted in causing injury to occupant of the bus itself show rash and negligent driving--No Interference. (Para 10)
(B) Motor Vehicles Act, 1988, S.166--Compensation--Enhancement of--Right arm of appellant amputated from shoulder resulting in disability to extent of 70%--Appellant is entitled to Rs. 5,000/- as compensation on account of medical expenses, Rs. 2,000/- on account of conveyance charges and Rs. 2,000/- on account of special diet and Rs. 40,000/- on account of pain and suffering and Rs. 40,000/- on account of loss of income and extra expenditure to be made by him on account of his being handicapped, making it a total of Rs. 89,000/-.--Amount of enhanced compensation shall be payable to appellant along with interest @ 6% per annum from date of filing of claim petition till disbursement of compensation. (Para 18)
