FAO No.1787 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.1787 of 2009(O&M) Decided on : January 15, 2010 Bhupinder Singh ... Appellant VERSUS Neeraj Kumar and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Paul S.Saini, Advocate for the appellant. Mr.Ashwani Talwar, Advocate for the Insurance Company – respondent No.3. A.N.JINDAL, J.- This appeal for enhancement, preferred by the claimant – appellant (herein referred as `the claimant') is against the judgment dated 2.9.2008 passed by the Motor Accident Claims Tribunal, Chandigarh awarding compensation to the tune of Rs.3,42,600/- along with interest @ 6% per annum in favour of the claimant and against the respondents jointly and severally. At about 8.00 PM, when the claimant was going home, respondent No.1 while driving the Tata Indica Car bearing Reg.No.CH03J- 6879 rashly and negligently came and hit the claimant, as a result of which he suffered multiple grievous injuries. Consequently, he (claimant) FAO No.1787 of 2009(O&M) [ 2 ] preferred a claim petition, which was contested by the respondents. Ultimately, on trial, the claim was partly accepted. The respondents have neither challenged the negligence, nor the liability to pay the compensation. However, the claimant has sought enhancement in compensation. In order to determine the actual loss, as suffered by the claimant, the oral as well as the medical evidence, is to be gone into. Dr.Balwinder Singh (PW1) is a Medical Officer from Civil Hospital, Fatehgarh Sahib, who assessed the permanent disability to the extent of 60%. Dr.Gurpreet Singh (PW2) disclosed that the claimant had come with fracture of femur and tibia and that he interlocked nail of femur and plated the tibia on 2.4.2005 and the claimant was discharged on 10.4.2005. He also disclosed that he charged Rs.19,300/- vide Bill Ex.P2. The claimant has also proved the medical bills Ex.P13 to Ex.P48 for the purchase of medicines etc, worth Rs.76,234/- (the claimant produced the receipt of Rs.50,000/- issued by the Chawla Nursing Home and Hospital, which the Tribunal has not considered, as such, it awarded only a sum of Rs.26,234/- towards medical expenses). The right leg of the claimant has been shortened by 2 cms. Though, the Tribunal has awarded compensation to the claimant for pain and sufferings, conveyance charges, expenses on the medicines, special diet and attendant charges, but nothing was assessed by the Tribunal for replacement of artificial limb and the operations, which the claimant had undergone. Thus, while making guess work, following amount needs to be added in the awarded compensation:- FAO No.1787 of 2009(O&M) [ 3 ] Charges paid to Chawla Nursing Home against receipt Ex.P13 = Rs.50,000/- Enhancement in Transportation charges = Rs.15,000/- Future Treatment/replacement of limb = Rs.50,000/- Thus, the appeal is partly accepted and the compensation is enhanced by Rs.1,15,000/- over and above the award amount. Other terms of the award shall remain intact. January 15, 2010 ( A.N.JINDAL ) `gian' JUDGE