FAO No. 3801 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3801 of 2010 (O&M) Date of decision: 13.9.2011 Balkar Singh ...Appellant Versus Rakesh Kumar and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Rahul Deswal, Advocate for the appellant None for respondent Nos. 1 and 2 Mr.Vinod Gupta, Advocate for respondent No.3- Insurance Company. *** JITENDRA CHAUHAN, J.(Oral) The present appeal has been filed by the claimant/appellant seeking enhancement of amount awarded by the learned Motor Accident Claims Tribunal, Karnal (for short 'the Tribunal') vide award dated 26.9.2009 on account of injuries received by the claimant / appellant. The brief facts of the present case are that on 14.1.2006, when the claimant/ appellant was waiting for a vehicle and was standing on the berm of the road, a three wheeler bearing registration No. HR 45-7709 being driven by respondent No.1 in a rash and negligent manner, hit him, which resulted in causing injuries to the claimant. His both arms got fractured. A claim petition was filed on behalf of the claimant/ appellant, which was allowed by the learned Tribunal and awarded a sum of `34,000/- to the claimant. FAO No. 3801 of 2010 (O&M) 2 Feeling dissatisfied with the same, the claimant/appellant has filed the present appeal. The sole grouse raised by learned counsel for the appellant is that amount paid towards heads of mental pain & sufferings, hospitalisation, transportation and special diet etc. is on the lower side. The appellant has suffered fractures on the neck and head, humerus bone of right side and and fracture of the first meta carpal base of left hand and he was advised rest for 45 days. He was removed from the job on account of accident. The appellant has suffered 10% disability. On the other hand, learned counsel for respondent No.1 has stated that just and adequate compensation has been awarded by the learned Tribunal and no enhancement is required to be made. I have heard learned counsel for the parties and have gone through the case file with due care and circumspection. The appellant has suffered disability to the extent of 10%. From the record, it is made out that the bills furnished by the appellant stand reimbursed to him. However, amount awarded towards the third head reflected in para 25 of the impugned award, mental pain & sufferings, hospitalisation, transportation and special diet etc., in my opinion, is certainly on the lower side. The appellant was 47 years of age at the time of the accident. He suffered fractures and was advised 45 days rest. He has been removed from the employment on account of the accident. Under these circumstances, this Court feels that if another sum of Rs.20,000/ towards all the conventional heads is granted, it would meet the ends of justice. Ordered accordingly. FAO No. 3801 of 2010 (O&M) 3 The enhanced amount i.e. 20,000/- shall be paid within 45 days from the date of receipt of the copy of this order, failing which, the same shall carry interest @ 7.5 % per annum from the date of filing of the present appeal till its realisation. In view of the above, the present appeal is partly allowed with the modification indicated above. 13.09.2011 (JITENDRA CHAUHAN) gsv JUDGE