FAO No.3552 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3552 of 2010 (O&M) Date of decision: 7.9.2011 Gurvinder Singh ...Appellant Versus Mohinder Singh @ Jassi and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Ashit Malik, Advocate for the appellant. Mr.Gurmail Singh Duhan, Advocate, for respondent Nos. 1 and 2. Mr.Ravinder Arora, Advocate, for the Insurance Company. -.- JITENDRA CHAUHAN, J. CM No.15614-CII of 2010 Notice in the application was issued on 1.2.2011. In view of the averments made in the application and the fact that reply has not been filed, the application is allowed. The delay of 11days in filing the appeal is condoned. Main case The claimant/appellant through the present appeal is seeking enhancement of compensation, as awarded by the learned Tribunal vide award dated 7.9.2009. The sole argument of the learned counsel for the appellant is FAO No.3552 of 2010 (O&M) 2 that the compensation awarded by the learned Tribunal under the heads attendant charges, loss of studies and non-pecuniary damages is on lower side. From the perusal of case file, it emerges that the alleged accident took place on 23.12.2006, wherein a student of 18 years received multiple injuries including fracture in left clavicle, fracture in right scapula bone and fracture in fifth rib of his right side etc. Firstly, the appellant was taken to CHC Nissing. He was further shifted to the General Hospital, Karnal, from where he was referred to PGIMS, Chandigarh, where he remained admitted till 31.12.2006. On account of injuries suffered, the appellant was required repeated medical advice and post operative treatment, special care and help. As per the record, the appellant was a student of 12th class, the accident adversely affected his studies. In the circumstances, I feel that compensation granted under the heads attendant expenses, loss of studies and non-pecuniary damages appears to be on lower side, which deserves to be enhanced. Although, no other point has been raised by the learned counsel for the appellant, yet I have rescanned the entire case file minutely and find that the award of the learned Tribunal under the other heads is appropriate and reasonable. Considering the facts and circumstances of the case, I deem it fit to grant an additional amount of `15,000/- in lump sum under the aboveheads, which would meet the ends of justice. Ordered accordingly. The enhanced amount shall be paid within 45 days from the date of receipt of copy of this order, failing which the same shall carry interest @7.5% per annum. FAO No.3552 of 2010 (O&M) 3 In view of above, the present appeal is partly allowed with the modification indicated above. 07.09.2011 (JITENDRA CHAUHAN) mks JUDGE