F.A.O.No. 89 of 1989 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 89 of 1989 (O&M) Date of Decision : 15.9.2008 Madan Lal ....Appellant Versus Naresh Kumar and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present : Mr.Rajesh Mahajan, Advocate for the appellant. Mr.D.P.Gupta, Advocate for respondent No.2/cross-objector. Mr. N.K.Khosla, Advocate for respondent No.3. Mr. Deepak Suri, Advocate for respondent No.5. .... MAHESH GROVER, J. This appeal by the claimant is directed against the award of the Motor Accident Claims Tribunal dated 20.9.1988. The appellant who had lost vision in the left eye on account of the accident was awarded a total compensation of Rs.50,000/- along with interest @ 12% per annum from the date of filing of the petition till the date of its realisation. Learned counsel for the appellant referred to the testimony of PW1 Dr.S.B.Jain, Eye Specialist, Jindal Eye Hospital, Hissar, who testified that on 17.2.1985 he clinically examined the appellant and he was found to have optic nerve injury and there was a F.A.O.No. 89 of 1989 (O&M) -2- total loss of vision because of that injury. He further testified that cosmetically the eye seemed to be alright but he had been rendered total blind in that eye which had suffered 100% disability. He had referred the appellant to Rajindra Prashad Eye Centre of All India Institute of Medical Sciences, New Delhi where there was concurrence of the opinion as given by Dr.Jain. In this view of the matter, I am of the considered opinion that the amount of Rs.50,000/- which has been awarded on account of loss of vision to the right eye is inadequate considering the age of the injured to be 24 years at the time when he suffered the injury. The Tribunal has also gone wrong in not awarding any amount on account of mental pain and agony and also for special diet etc. Accordingly, this Court is of the considered opinion that considering the age and 100 % permanent disability that the appellant has suffered the amount awarded under permanent disability should be assessed at Rs.75,000/-. A sum of Rs.20,000/- is also awarded on account of pain and suffering and mental agony. Another sum of Rs.5,000/- is also awarded for special diet etc. In this way the appellant shall be entitled to a total sum of Rs.1,00,000/- along with interest @ 9% from the date of filing of the petition till the date of realisation. The liability to pay the amount shall be the same as has been determined by the Tribunal. With this modification in the impugned award, the appeal stands disposed of. 15.9.2008 (MAHESH GROVER) JUDGE dss