FAO No.5316 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5316 of 2010 (O&M) in MACT case No.79 of 2008 Date of Decision : 18.11.2011 Dinesh .......Appellant Versus Ved alias Bedu and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ashok Kumar Sharma, Advocate, for the appellant. Mr. Ajit Sihag, Advocate, for respondent Nos.1 and 2. Ms. Vandana Malhotra, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) Heard. Delay in filing the appeal is condoned. The injured-claimant has preferred this appeal seeking enhancement in the amount of compensation granted by the learned Motor Accident Claims Tribunal, Jind, vide impugned Award dated 07.12.2009. Brief facts of the case in hand are that on 03.06.2008, Dinesh, the appellant, along with Amit and Krishan, was coming to Jind from Narwana in Alto Car bearing No.HR-06P-7301, which was being driven by Amit. When they reached near Village Janj Kalan, a 1 FAO No.5316 of 2010 (O&M) truck trolla bearing No.HR-39-B-8167, was found parked in the middle of the road in a dangerous condition and their car struck against the said truck. As a result thereof, Amit died at the spot, whereas, the claimants, Dinesh and Krishan sustained multiple injuries. The claimant-appellant was removed to the General Hospital, Jind, from where he was referred to the PGIMS, Rohtak. In this background, the appellant preferred claim petition before the learned Tribunal seeking compensation on account of injuries suffered by him. The learned Tribunal, vide Award dated 07.12.2009, awarded a sum of `45,500/- to the appellant. Aggrieved therefrom, the appellant has preferred this appeal seeking enhancement. I have heard learned counsel for the parties and perused the record. From the perusal of the impugned Award, it is made out that the appellant remained hospitalized from 3.6.2008 to 9.6.2008 in the PGIMS, Rohtak, and Arora Orthopedic Hospital, Hisar, from 5.11.2008 to 2.12.2008. Therefore, on the basis of the hospital record, it can be presumed that he must have remained bed-ridden for a period of few months. From the chart of the compensation allowed to the claimant-appellant, as reflected in para 21, it is made out that no compensation has been awarded towards the head ‘attendant charges’. There is no dispute that the claimant suffered injuries in the accident. This Court feels that the ends of justice would be met if 2 FAO No.5316 of 2010 (O&M) another amount of `10,000/- is granted against ‘attendant charges’. It is ordered accordingly. The amount awarded by the learned Tribunal under other heads is just and reasonable and they are not interfered with. The enhanced amount of `10,000/- shall be payable to the claimant within a period of 45 days from the date of receipt of certified copy of this judgment, failing which, he shall further be entitled to interest @ 7.5% from the date of filing the appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal dated 07.12.2009, is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 18.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3