IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.5449 of 2008(O&M) Date of Decision 18.09.2009 Smt.Poonam Ghai ...... Appellant VERSUS Shri Brij Bhushan and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Ashwani Arora, Advocate, for the appellant. Mr.Ravinder Arora, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J(ORAL): This appeal is directed against the award dated 08.11.2008, passed by Motor Accident Claims Tribunal, Panchkula (herein referred as 'The Tribunal') awarding compensation to the tune of Rs.25,000/- alongwith interest @ 9% per annum in favour of the claimant-appellant (herein referred as 'the claimant') and against respondents No.2 and 3 jointly and severally, on account of the injuries suffered by her in a motor vehicular accident. The respondents have neither challenged the negligence nor the liability. However, the claimant has sought enhancement of compensation on the ground that only Rs.5,000/- has been awarded by the Tribunal on account of 25% disability suffered by her and she was also not awarded compensation on account of future treatment. Heard. With regard to enhancement, PW3 Dr.Umesh Modi has proved the disability certificate Ex.P15 relating to appellant, issued by the Medical Board, bearing his signatures and that of other members of the F.A.O.5449 of 2008(O&M) -2- Medical Board. During cross-examination, he submitted that the disability was in relation to the particular limb only and not in relation to whole body. A perusal of disability certificate, it transpires that she suffered disability to the extent of 25% which was not likely to improve and it is also mentioned therein that she was having fracture of bones of forearm, deformity and stiffness of forearm. Having strength from the statement of PW3 Dr.Umesh Modi, it appears that the claimant was awarded meagre amount for the disability and she was also not awarded any compensation on account of future treatment, enhancement of compensation to the tune of Rs.50,000/- is required to be made on the aforesaid heads. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.50,000/- over and above the award amount. However, the claimant would also be entitled to receive interest on the enhanced amount in the same terms as awarded by the Tribunal. (A.N.Jindal) Judge 18.09.2009 mamta-II