FAO No. 1419 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1419 of 1992 Bhoop Singh ....Appellant VERSUS Moti Lal and others ....Respondents FAO No. 1420 of 1992 Jagdish Chander Malik ....Appellant. VERSUS Moti Lal and others .....Respondents Decided on : 18-12-2008 CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Maharaj Baksh Singh, Advocate for the appellant Mr. N.K.Khosla, Advocate for respondent no.3. MAHESH GROVER, J This order will dispose of two appeals FAO No. 1419 of 1992 and 1420 of 1992. These appeals are directed against the award of the Motor Accident Claims Tribunal, Ambala, dated 23.8.1991. In FAO No. 1419 of 1992, the appellant is said to have suffered the following injuries which are established by way of testimony of Dr.Arunanshu, PW 6:- FAO No. 1419 of 1992 2 1. Left groin wound with prolapsing omentum viscera. 2. Partial tear of left external olliape vein. 3. Torn superficial branch of inferior epigastric artery. 4. Longitudinal tear of sigmoidcolon with fecal peritonities. 5. Tear in the messentty of sigmoid. 6. Tear in posterior, partietal partitoneum. 7. Fracture shaft of femur right/closed involving middle 1/3rd. According to the disability certificate Ex. PC, appellant had suffered 50% permanent disability and was operated upon twice and he remained in hospital for approximately two months and 21 days as part of the overall treatment. The appellant was granted a total compensation of Rs. 61,000/- under the following heads:- 1. Pain and suffering Rs. 30,000/- 2. Medical expenses Rs.5,000/- 3. Special diet Rs.6,000/- 4. Conveyance Rs.1,000/- 5. Expenses for attendant Rs. 5,000/- 6. Loss of income of appellant Rs.8,000/- 7. loss of income of his wife Rs.4,000/- 8. repair of motor cycle Rs.2000/- _________ Total Rs.61,000/- __________ Dis-satisfied with the award, the appellant is in appeal. After hearing learned counsel for the appellant and on perusing the award, I am of the considered opinion that the award of the Tribunal deserves to be modified. The appellant has suffered 50% permanent disability, therefore, FAO No. 1419 of 1992 3 by adopting the principle of Rs.2000/- per percentage of disability, amount to be awarded to the appellant under this head comes to Rs. 1 lakh. He remained admitted in the hospital for more than two months and had undergone two operations apart from serious injuries. Therefore, the amount under head of pain and suffering is enhanced from Rs.30,000/- to Rs. 50,000/-. Another sum of Rs.20,000/- is awarded for the future treatment as the doctor has opined that some operation would be required. Rest of the amounts do not warrant any interference. In this manner, total compensation comes to Rs.2,01,000/-. The enhanced amount of compensation shall be paid alongwith interest at the rate of 9 % per annum from the date of filing of petition till the date of its realisation. The liability to pay the amount shall be the same as has been determined by the Tribunal. In FAO No.1420 of 1992, appellant Jagdish Chander Malik suffered the following injuries which have come in the testimony of Dr. Anil Gage PW1 who has stated as under:- “ Jagdish Chander Malik was attended by him as OPD case Civil Dispensary, Panchkula on 30.5.1988 as per OPD slip No. 13117. He was regularly followed up as OPD patient in the same dispensary. He complained of pain in right knee and on examination at the first time it was found that there was swelling of right knee with lacerated wound. There was no evidence of fracture. After treatment the size of swelling reduced but the pain had continued.” Considering the nature of injuries which are simple in nature and there being no evidence of permanent disability established before the FAO No. 1419 of 1992 4 Tribunal, I am of the considered opinion that the compensation awarded to the appellant is just and adequate. In result FAO No. 1419 of 1992 filed by Bhoop Singh is allowed and FAO No. 1420 of 1992 filed by Jagdish Chander Malik is dismissed. December 18 , 2008 (Mahesh Grover) rekha Judge