IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. F.A.O. No. 13 of 1988 Date of Decision: 27.11.2008 Gurdev Singh. ....... Appellant through Shri J.L.Malhotra, Advocate. Versus Narinder Kumar and others. ....... Respondent nos. 1 & 2 through Nemo. Respondent no.3 through Shri D.P.Gupta and Shri Kunal Garg, Advocates. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. This is an appeal filed by the claimant against common award dated 26.9.1987 passed by the Motor Accident Claims Tribunal, Gurgaon (for short, `the Tribunal') in M.A.C.T. Petition Nos. 46 and 51 of 1986. On 2.8.1986, the appellant is said to have sustained grievous injuries in a motor vehicular accident. A claim petition was preferred by the appellant and the Tribunal granted Rs.25000/- as compensation to him. The liability to pay the awarded amount was fastened upon the FA.O.No.13 of 1988 -2- .... insurance company of the offending vehicle, i.e., car bearing registration No.DIB-8197. Dis-satisfied with the amount of compensation, the claimant is in appeal. I have heard the learned counsel for the parties and have perused the record. PW4-Dr.D.Parashar, Medical Officr, General Hospital, Gurgaon had medico-legally examined the appellant and had found the following injuries on his person:- 1. Diffused tender swelling over the middle of left thigh all around. No external mark of injury was seen. Movements at left hip were restricted crossly. X-ray left thigh was advised. 2. Lacerated wound 1 cm x ½ cm. over the right tibbial tuborisity. It was bone deep, covered with clotted blood. X- ray was advised. 3. Reddish abrasion 1 cm x 1cm over the middle of front of right leg, was covered with clotted blood. X-ray was advised. PW6-Dr.Narender Magu, who had treated the appellant in Medical College and Hospital, Rohtak, stated that he was admitted in the hospital with the diagnosis of multiple injuries and fracture of left femur. This witness also examined the appellant in the Court and opined that he was having 20% disability as there was 1-1/2” shortening with knee movements from 0 to 100 degree of flection taking full extension as 0. However, no disability certificate was issued by him. FA.O.No.13 of 1988 -3- .... PW1-Dr.S.P.Tyagi, Deputy Chief Medical Officer,Gurgaon testified thaton 18.2.1987, he had examined the appellant and issued certificate Exhibit P1, according to which, he was having 10% disability. Having considered the evidence on record in its totality, I am of the view that statement of PW6-Dr.Narender Magu is inspiring and has to be believed wherein he has deposed that the appellant was having 20% disability which will not allow him to do normal functions. Therefore, applying the principle of allowing compensation of Rs.2000/- per percent of the disability, the appellant is held entitled to a sum of Rs.40,000/-. However, there is no record of medical treatment having been taken by the appellant and the expenses incurred thereon. But, keeping in view the injuries, it must be presumed that some amount must have been spent by him on this score. Therefore, a sum of Rs.5000/- is allowed to the appellant for the expenses of the medical treatment. In my opinion, the appellant also deserves to be awarded a sum of Rs.10,000/- for pain and suffering. In this way, the total compensation works out to Rs.55,000/- to which the appellant is held entitled to. The enhanced compensation shall be payable along with interest at the rate of 9% per annum from the date of claim petition till the date of realisation. The liability to pay the enhanced compensation and interest shall be the same as has been determined by the Tribunal. FA.O.No.13 of 1988 -4- .... The impugned award is modified to the above extent and the appeal is allowed in the aforementioned terms. November 27,2008 ( Mahesh Grover ) “SCM” Judge