IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5385 of 2008 (O&M) Date of Decision 01.09.2009 Gurmeet Singh ......Appellant VERSUS Kailash Kumar and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Manpreet Singh Longia, Advocate, for the appellant. Mr.Radhey Shyam, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): C.M.No.27043-CII of 2008 Allowed as prayed for. FAO No.5385 of 2008 This appeal for enhancement is directed against the award dated 13.02.2008, passed by Motor Accident Claims Tribunal, Ropar, awarding compensation to the tune of Rs.60,000/- alongwith interest @ 6% per annum in favour of the claimant-appellant (herein referred as 'the appellant') on account of injuries suffered by him in a motor vehicle accident and against the respondents jointly and severally. It has come in evidence that appellant suffered fracture on his right leg and he remained hospitalized in civil hospital, Kharar w.e.f. 03.09.2006 to 11.09.2006 where surgical operation was performed upon him and nails were inserted in his right leg. He has produced medical bills and prescription slips Ex.P8 to Ex.P37. The appellant is stated to have suffered permanent disability to the extent of 25% as per disability FAO No.5385 of 2008 (O&M) -2- certificate Ex.P2. It has been further recorded that he remained confined to bed for about four or five months for want of recovery on account of injuries suffered by him in the accident. However, learned counsel for the appellant has offered to settle the appeal if the compensation is enhanced to Rs.40,000/- over and above the award amount to which learned counsel for respondent No.3 agrees. As such, with the consensus between the parties, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.40,000/- over and above the award amount which will be paid by the respondent-Insurance Company within 45 days on the receipt of copy of the order, failing which the appellant would be liable to receive the interest on the enhanced amount at the same rate, as awarded by the Tribunal. (A.N.Jindal) Judge 01.09.2009 mamta-II