IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.1872 of 2009 (O&M) Date of Decision 09.09.2009 Subhash ...... Appellant VERSUS Ram Niwas and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Radhey Shyam Sharma, Advocate, for the appellant. Mr.Ravinder Arora, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J(ORAL): C.M.No.9703-CII of 2009 For the reasons, mentioned in the application, delay in filing the appeal is condoned. F.A.O.1872 of 2009 This appeal for enhancement is directed against the award dated 23.10.2008, passed by Motor Accident Claims Tribunal, Fatehabad, awarding compensation to the tune of Rs.38,780/- alongwith interest @ 9% per annum in favour of the claimant-appellant (herein referred as 'the claimant') on account of the injuries suffered by him in a motor vehicle accident and against the respondents jointly and severally. The respondents have neither challenged the negligence nor their liability to pay the compensation. However, the claimant has sought enhancement of the compensation. F.A.O.1872 of 2009 (O&M) -2- Heard. The appellant remained admitted in the hospital from 06.05.2006 to 10.05.2006. He has produced the bills of medicines Ex.P46 to Ex.P46, P47 and Ex.P51 to Ex.P53 amounting to Rs.17,780/-. The Tribunal has awarded compensation to the claimant as under:- “a) Pain and suffering : Rs. 3,000/- b) Permanent disability : Rs.15,000/- c) Amount spent on medicines : Rs.17,480/- d) Loss of income during period of treatment : Rs. 3,000/- ------------------ Total Rs.38,780/- ------------------- It appears that the Tribunal has not awarded any compensation on account of expenses on the attendant and special diet. Thus, the appellant would be entitled to a sum of Rs.11,320/- on account of aforesaid heads. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.11,320/- over and above the award amount. However, the appellant would also be entitled to receive interest on the enhanced amount at the same rate as awarded by the Tribunal. No order as to costs. (A.N.Jindal) Judge 09.09.2009 mamta-II