FAO No. 1122 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1122 of 1989 Decided on : 08-12-2008 Kumari Anju Bala ....Appellant VERSUS Haryana State and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Jaswant Jain, Advocate for the appellant Mr. O.P.Sharma, Addl. A.G., Haryana. MAHESH GROVER, J This appeal is directed against the award of the Motor Accident Claims Tribunal, Narnaul dated 17.9.88. The appellant is said to have suffered injuries in an accident which took place on 11.11.1986. The testimony of Dr. A.K.Chhakkar, PW8, revealed the following injuries:- 1. A reddish contusion 5 x 3 cm on right side upper arm, swelling was present. 2. An abrasion 2 x 1 cm on dorsum of right heel on later aspect. It was muscle deep and the blood was clotted over it. It bled on cleaning. 3. An abrasion 2 x 1 cm on dorsum of right hand bled on cleaning. 4. A reddish contusion 5 x 2 cm on lateral of right leg 6 cm from the ankle joint swelling present. X-ray was advised. 5. A reddish contusion 6 x 3 cm on left groin. Swelling was present. Advised x ray upper 1/4th of femur and pelvis. PW 4, Dr. Vinay Choudhry who also treated the appellant FAO No. 1122 of 1989 2 affirmed that on X-ray examination of the appellant ring fracture of left pubes with dislocation of pubic symphysis was found. The Tribunal awarded a total compensation of Rs. 10,000/-. After hearing learned counsel for the appellant and perusing the award, I am of the considered opinion that the amount awarded by the Tribunal is inadequate and deserves to be enhanced. Concededly, the appellant had suffered fracture as determined by the Radiologist Dr. Vinay Choudhry, PW4. In this view of the matter, it would be just and appropriate if another sum of Rs .10,000/- is awarded on account of pain and suffering. There is no evidence of any permanent disability. The enhanced amount of compensation shall be paid alongwith interest at the rate of 9 % per annum from the date of filing of petition till the date of its realisation. The liability to pay the amount shall be the same as has been determined by the Tribunal. The appeal stands allowed in the aforesaid terms and the award of the Tribunal is modified accordingly. The appellant was not granted any interest on the amount awarded by the Tribunal as is evident from the observation of the Tribunal in the impugned award. Therefore, it is directed that this amount of Rs.10,000/- already awarded be also paid alongwith interest @ 9% per annum which may be calculated from the date of filing of the petition till the date of its realisation. December 8 , 2008 (Mahesh Grover) rekha Judge