FAO No.1065 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1065 of 2011 (O&M) ( in MACT No.142 of 2007) Date of decision: 25.11.2011 Vijay Pal ...Appellant Versus Ramesh Kumar and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Dharampal Gill, Advocate for the appellant. Ms.Rajwinder Kaur, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) CM No.2761-CII of 2011 Heard. Despite notice, reply has not been filed by the respondents. Keeping in view the averments made in the application, delay of 4 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No. 1065 of 2011 The present appeal has been filed by the injured-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Bhiwani (for short 'the Tribunal'), vide award dated 7.6.2010, on account of the injuries suffered by him, in a motor vehicular accident on 23.11.2006. FAO No.1065 of 2011 (O&M) 2 Learned counsel for the appellant has contended that the appellant remained admitted in hospital from 23.11.2006 to 30.11.2006, on account of the injuries suffered by him in the accident on 23.11.2006. He suffered permanent disability to the extent of 10%. The learned Tribunal awarded a sum of `3070/- towards medical expenses and `50,000/- towards pain and suffering, special diet, permanent disability and all other conventional heads, which is inadequate. On the other hand, learned counsel for the respondent- Insurance Company has contended that the learned Tribunal has awarded a just and adequate compensation. Therefore, there is no scope for any further enhancement. I have heard the learned counsel for the parties and perused the record carefully. A perusal of the record would reveal that the appellant suffered multiple injuries in the accident and remained admitted in hospital from 23.11.2006 to 30.11.2006. Presumably, he suffered a lot of pain and suffering. The learned Tribunal observed that disability is qua the particular limb, but is reduced if it is considered qua the whole body. Medical expenses i.e. ` 3070/-, which were proved, have already been paid. Keeping in view the nature of injuries and period of hospitalisation, compensation granted under the heads attendant expenses, special diet, pain and sufferings and all other heads appears to be on lower side. Therefore, this Court feels that grant of an additional amount of `.10,000/- under all heads, would meet the ends of justice. Ordered accordingly. FAO No.1065 of 2011 (O&M) 3 Accordingly, the enhanced amount i.e. `.10,000/- shall be paid to the appellant within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 25.11.2011 (JITENDRA CHAUHAN) gsv JUDGE