FAO No.4285 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH FAO No.4285 of 2010 (O&M) Date of Decision: 09.08.2011 Shiv Charan ....Appellant Versus Baldev Singh & ors. ....Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.S.K.Verma, Advocate, for the appellant, Mr.Ram Kumar Saini, Advocate, for respondent Nos. 1 & 2, Mr.Suman Jain, Advocate, for respondent No.3. ***** JITENDRA CHAUHAN J. (ORAL) The instant appeal is directed against the award dated 21.07.2009, passed by the Motor Accident Claims Tribunal, Panchkula, (for short 'MACT'), seeking enhancement. The learned Tribunal awarded Rs.1,00,000/- under various heads. The perusal of the record shows that the appellant submitted a consolidated list of medical bills amounting to Rs.26062/-, tendered in evidence Ex.P-3 to Ex. P-37, along with copy of DDR (Ex. P-1) and discharge card (Ex. P-2). Some of the bills were not considered by the Tribunal, while awarding compensation. However, there is no explanation as to why the deduction was made in the original bills furnished by the appellant. Therefore, this Court is of the considered opinion that once the original bills were certified by the Doctor, there was no reason for the learned Tribunal to ignore the same. The appellant suffered multiple injuries including fracture on his right leg in which iron and steel plate FAO No.4285 of 2010 (O&M) 2 were implanted. The appellant is still under follow up treatment. The appellant was 31 years of age at the time of accident. He remained as indoor patient for 29 days . The appellant was operated upon for fracture on right leg. Keeping in view the age of the appellant, the duration of the hospitalization and the surgery, the appellant had to undergo, this Court feels that the compensation awarded under the heads 'attendant, transport, special diet, medical expenses and clinical tests' is inadequate. Accordingly, the compensation awarded uner the heads of 'attendant, transportation and special diet' is raised from Rs.12,000/- to Rs.20,000/- , and the compensation awarded under the heads of 'medicine expenses, clinical tests' is raised from Rs.20,000/- to Rs.27,000/- over and above the amount already awarded. Thus, the total amount enhanced comes to Rs.15,000/-. Agasinst all other heads, an adequate and reasonable compensation has been awarded. To that extent, the award passed by the learned Tribunal is maintained. The appeal is partly allowed and award of Ld.Tribunal is modified to the extent indicated above. The enhanced amount of Rs.15,000/- shall be payable within 45 days from today. In case enhanced amount is not paid within stipulated period, it shall carry interest at the rate of 6 % per annum from the date of filing of the appeal till it is paid. 09.08.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No FAO No.4285 of 2010 (O&M) 3