FAO No. 1195 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1195 of 1989 Decided on : 09-12-2008 Charan Dass ....Appellant VERSUS Fauja Singh and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Jagdish Manchanda, Advocate for the appellant Mr. Inderjit Sharma, Advocate for Insurance Company. MAHESH GROVER, J This appeal is directed against the award of the Motor Accident Claims Tribunal, Karnal dated 19.7.1989. The appellant has suffered 10% disability when he got his right arm fractured in an accident which took place on 8.8.1988. Dr.P.K.Bhatia opined that the same can be improved with the passage of time. Therefore, the Tribunal assessed permanent disability as 6% and awarded a total compensation of Rs.14,200/- under the following heads:- 1.Loss of income Rs.2700/- 2. Medicines Rs.1500/- 3. Pain & suffering Rs.10,000/- After perusal of the award and on consideration of the submissions made by the learned counsel for the appellant, I am of the considered opinion that the award deserves to be modified. Amounts FAO No. 1195 of 1989 2 awarded under heads loss of income and medicines do not warrant any interference. However, amount of Rs.10,000/- awarded on account of general damages needs to be modified slightly. Even if the permanent disability has been taken to be 6%, the appellant is entitled to an amount of Rs. 2000/- per disability i.e. Rs.12,000/- and an amount of Rs.5,000/- is further awarded for pain and suffering. In this manner, amount under this head i.e. General damages comes to Rs.17,000/-. Therefore, the appellant is entitled to a total compensation of Rs.21,200/-. 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. The appeal stands allowed in the aforesaid terms and the award of the Tribunal is modified accordingly. December 9 , 2008 (Mahesh Grover) rekha Judge