In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 4107 of 2007 Date of decision: October 23, 2009 Sukhdeep Singh .. Appellant Vs. Swarn Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Sandeep Kotla, Advocate for the appellant. Mr. Mrigank Sharma, Advocate for the Insurance Company. A.N. Jindal, J The appellant-claimant-injured (herein referred as 'the appellant') was awarded compensation to the tune of Rs.1,36,425/-, vide award dated 19.10.2006 passed by the Motor Accident Claims Tribunal, Fatehabad (herein referred as 'the Tribunal') for the injuries suffered by him in the motor vehicular accident. The respondents have neither challenged the negligence nor their liability to pay the compensation. However, the appellant has sought enhancement of the compensation on the following grounds :- (i) He has suffered serious and multiple injuries including compound fracture of both bones of left leg and remained hospitalized for about four months. However, no compensation was awarded to him under the head of special diet, transportation, attendant, future operations, diminishing prospects of life and future loss of income. (ii) Though he has suffered permanent disability to the extent of 18% which is proved from certificate Ex.P-2, yet the meager sum was awarded on account of permanent disability. He has also challenged the award on account of inadequacy of the interest. It is urged that the appellant was only 17 years old at the time of accident and due to the disability his marriage prospectus have been F.A.O. No. 4107 of 2007 -2- *** diminished. No proper calculations have been made by the Tribunal. Arguments heard. Compensation is determined from the pecuniary and non- pecuniary loss suffered by the injured and actual damage suffered due to disability as a result of accident for which medical evidence needs to be probed. Dr. N.K. Chakarvarti (PW6) proved MLR Ex.P5 relating to the claimant. Dr. A.L. Bajaj (PW5) stated that he along with other doctors had formed an opinion vide Ex.P2 that claimant suffered disability to the extent of 18% on account of post traumatic weakness of left lower limb due to compound fracture of both bones. Dr. Ashok Arora (PW7) has stated that the appellant was admitted in the hospital with fracture of both bones. He affixed the fracture with antibiotic nail and skin grafting was also done on the left leg. He remained admitted w.e.f. 3.6.2004 to 9.8.2004 vide discharge card Ex.P63. The appellant was again admitted on 27.8.2004 and nail was removed and he was discharged on 30.8.2004 vide discharge card Ex.P64. He was thereafter admitted in the hospital on 6.11.2004 and fracture was fixed with external fixator and was discharged on 11.11.2004 vide discharge card Ex.P65. Doctor further testified that the appellant was lastly admitted in the hospital on 25.3.2005 and fixture was removed and discharged on 27.3.2005 vide discharge card Ex.P66. He also proved receipts of the hospital charges, investigations and implants as Ex.P67 to P153. The Tribunal after taking into consideration awarded a sum of Rs.47622/- as hospitalization charges; Rs.20,000/- on account of pain and sufferings; Rs.5000/- for rich diet; Rs.36,000/- for future loss of enjoyment of limbs and for loss of income due to disability. Apparently, the Tribunal failed to award anything for transportation, expenses of the attendant, future operations, diminishing of future prospects of matrimonial, educational and social career, loss of income and helper. Taking into consideration that the claimant having suffered 18% disability of his left leg; rendered crippled for the rest of his life and he had to remain in agony of helplessness to step up to stairs of happy married life and prospective career. Even if he is married, he would be timid and helplessness before his wife, children as well as he would feel F.A.O. No. 4107 of 2007 -3- *** humiliated in the society. No doubt, we cannot compensate him for the injuries and crippled life, but could adequately compensate him for his survival. The Tribunal appears to have awarded quite inadequate and inappropriate compensation for facing the future miseries. As such, I award a sum of Rs.3 lacs on the following heads :- 1. Future pain and sufferings Rs.50,000/- 2. Payment to the helper Rs.50,000/- 3. Future treatment by way of medicines, operations and insertion of nails Rs.1,00,000/- 4. Loss of income Rs.1,00,000/- Total Rs.3,00,000/- Resultantly, I accept the appeal, modify the impugned award by enhancing the compensation to the tune of Rs.1,63,575/- over and above the award amount along with interest at the same rate as awarded by the Tribunal. October 23, 2009 (A.N. Jindal) deepak Judge