Grifan Vs. Sarbjeet Singh & Ors.
EmailAppeal: Review Petition (C)No.466 of 1999
In
Civil Appeal No…….? of 2000
In
Special Leave Petition (C)No.1149 of 1999
In
Civil Appeal No…….? of 2000
In
Special Leave Petition (C)No.1149 of 1999
Petitioner: Grifan
Respondent: Sarbjeet Singh & Ors.
Apeal: Review Petition (C)No.466 of 1999
In
Civil Appeal No…….? of 2000
In
Special Leave Petition (C)No.1149 of 1999
In
Civil Appeal No…….? of 2000
In
Special Leave Petition (C)No.1149 of 1999
Judges: S.B. MAJMUDAR & R.P. SETHI, JJ.
Date of Judgment: Oct 04, 2000
Head Note:
MOTOR VEHICLES
Motor Vehicles Act, 1988
Sections 161,163 – Compensation – Injured, 45 years old, having income of Rs. 4,000/-p.m. – Likely to be increased – Right leg amputated – Overall disability of 50%. Held that additional amount of Rs. 2 lacs be paid.
(Para 3)
JUDGEMENT:
ORDER
1. Having heard learned Counsel for the parties the Review Peti-tion is allowed.
2. In the Special Leave Petition leave is granted and the appeal is taken up for final disposal forthwith as indicated in the notice issued in the Review Petition on 15th April, 1999.
3. We have heard learned Counsel for the appellant as well as learned Counsel for the respondents, especially the Insurance Company which has to bear the burden of the compensation. Look-ing to the facts and circumstances of this case, in our view, an additional award of Rs.2,00,000/- (Rupees Two Lacs only) is re-quired to be granted in favour of the claimant whose right leg was amputated due to the rash and negligent driving of respondent No.1. The medical evidence shows that he has suffered from 80% disability. But even taking the overall disability of 50% and looking to his income of Rs.4,000/- per month which would have risen further if the appellant had not suffered from this injury at the age of 45 years, considering this aspect and keeping in view his future prospects which are affected because of this permanent injury, we deem it fit to enhance the award of compen-sation by Rs.2,00,000/- more in addition to Rs.2,00,000/- already ordered by the High Court.
4. The net result is that an additional amount of Rs.2,00,000/- (Rupees Two Lacs only) towards the full and final satisfaction of the claim of the claimant in this case will be paid by the In-surance Company to the appellant within six weeks from today. The award shall stand enhanced accordingly.
5. This Civil Appeal is accordingly allowed.
6. No costs.
1. Having heard learned Counsel for the parties the Review Peti-tion is allowed.
2. In the Special Leave Petition leave is granted and the appeal is taken up for final disposal forthwith as indicated in the notice issued in the Review Petition on 15th April, 1999.
3. We have heard learned Counsel for the appellant as well as learned Counsel for the respondents, especially the Insurance Company which has to bear the burden of the compensation. Look-ing to the facts and circumstances of this case, in our view, an additional award of Rs.2,00,000/- (Rupees Two Lacs only) is re-quired to be granted in favour of the claimant whose right leg was amputated due to the rash and negligent driving of respondent No.1. The medical evidence shows that he has suffered from 80% disability. But even taking the overall disability of 50% and looking to his income of Rs.4,000/- per month which would have risen further if the appellant had not suffered from this injury at the age of 45 years, considering this aspect and keeping in view his future prospects which are affected because of this permanent injury, we deem it fit to enhance the award of compen-sation by Rs.2,00,000/- more in addition to Rs.2,00,000/- already ordered by the High Court.
4. The net result is that an additional amount of Rs.2,00,000/- (Rupees Two Lacs only) towards the full and final satisfaction of the claim of the claimant in this case will be paid by the In-surance Company to the appellant within six weeks from today. The award shall stand enhanced accordingly.
5. This Civil Appeal is accordingly allowed.
6. No costs.
