FAO No.5699 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5699 of 2009 (O&M) Date of Decision : 17.08.2011 Rajesh Kumar .......Appellant Versus Balwan and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None for the appellant. Mr. R.N. Singhal, Advocate, for the respondent-Insurance Company. **** JITENDRA CHAUHAN, J. (ORAL) CM No.28583 of 2009 CM allowed. Delay of 272 days in filing the appeal is condoned. FAO No.5699 of 2009 The appellant-claimant, Rajesh Kumar, has approached this Court seeking enhancement in the amount of compensation granted vide Award dated 20.09.2003, passed by the learned Motor Accident Claims Tribunal, Hisar, (for short, ‘the Tribunal’). Heard. A perusal of the Award would reveal that the learned Tribunal did not grant any compensation on account of permanent 1 FAO No.5699 of 2009 disability suffered by the appellant. As per the disability certificate, Ex.PB/Mark P-13, issued by the Medical Board headed by the Civil Surgeon, Hisar, the appellant suffered permanent disability to the extent of 4%. If, for any reason, the authorities did not come forward to prove the disability certificate, the injured-claimant cannot be made to suffer, as the same was submitted in original. Accordingly, keeping in view the parameters as laid down by Hon’ble the Supreme Court in Sarla Verma Vs. DTC, (2009) 6 SCC 121, the appellant is held entitled to the compensation of `8,000/- towards the head ‘permanent disability’. From the record produced by the learned counsel for the respondent, it is manifestly clear that the appellant sustained bone fracture of right leg with supracondylar fracture right elbow with multiple injury. Therefore, the amount of `3,000/- awarded towards the head ‘pain and suffering’, is highly inadequate in the opinion of this Court keeping in view the age, nature and seat of injuries received in the accident. Likewise, the amount of `2,000/- awarded on account of ‘special diet and transportation’ is also inadequate. This Court feels that the ends of justice would be adequately met if the amount of compensation awarded towards ‘pain and suffering’ is increased from `3,000/- to `20,000/-, and ‘special diet and transportation’ is enhanced from `2,000/- to `10,000/-. The compensation awarded under all other heads seems just and reasonable. Thus, the total amount of enhanced compensation comes to `33,000/-, which shall be paid within 45 days from today. 2 FAO No.5699 of 2009 In case the enhanced amount of `33,000/- is not paid within the period stipulated above, the same shall carry interest at the rate of 6% per annum from the date of filing of the appeal till it is paid. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 17.08.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3