FAO No.1687 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.1687 of 2009(O&M) Decided on : January 11, 2010 Sital Singh ... Applicant-Appellant VERSUS Satish Kumar and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Ashok Bector, Advocate for the applicant-appellant. Mr.Sandeep Vermani, Advocate for respondent No.1. Mr.Sandeep Suri, Advocate for respondent No.3 – Insurance Company. A.N.JINDAL, J.- For the reasons mentioned in the application, the delay in filing the appeal is condoned. FAO No.1687 of 2009 : Notice of motion. This appeal for enhancement of compensation is against the award dated 22.1.2008 passed by the Motor Accident Claims Tribunal, Rupnagar, awarding compensation to the tune of Rs.1,70,000/- on account the injuries suffered by the claimant/appellant (herein referred as `the FAO No.1687 of 2009(O&M) [ 2 ] claimant') in a motor vehicle accident, which took place on 8.3.2006, due to rash and negligent driving of Tata Sumo vehicle No.PB-10K-9392, by Satish Kumar – respondent No.1. The respondents have neither challenged the negligence nor their liability to pay the compensation. However, enhancement of compensation has been sought by the claimants. Heard. The claimants have proved medical bills/receipts (Ex.P3 to Ex.P123), total amounting to Rs.78,000/-. He has also proved the disability certificate (Ex.P4) vide which the permanent disability suffered by him was certified to the extent of 70% on account of amputation of his right lower limb below the knee. The respondents have not been able to rebut any of the aforesaid proved documents, but it is contended by them that the claimant has been sufficiently compensated. On critical examination of the documents as well as the rival contentions, it is observed that the Tribunal has not awarded adequate compensation. It has awarded a sum of Rs.80,000/- for medical expenses, Rs.70,000/- for permanent disability, Rs.10,000/- on account of pain, suffering and loss of happiness and Rs.10,000/- on account of the transportation charges, special diet and the amount spent upon attendants, which do not commensurate to the loss suffered by him. The claimant having suffered amputation of leg has been crippled for rest of his life. It is settled by now that the claimant should have been awarded Rs.2000/- for each percentage of permanent disability. Meagre sum was awarded for pain, sufferings and transportation. Nothing was awarded on account of future treatment. FAO No.1687 of 2009(O&M) [ 3 ] As such, the compensation needs to be re-assessed as under:- Medical expenses = Rs.80,000/- On account of pain and sufferings, and loss of happiness = Rs.20,000/- On account of permanent disability = Rs.1,40,000/- Expenditure on transportation, special diet and expenses on the attendant = Rs.20,000/- For future treatment = Rs.20,000/- TOTAL = Rs.2,80,000/- Accordingly, the appeal is partly accepted. The impugned award is modified to the extent that the compensation is enhanced to Rs.2,80,000/-. All other terms of the award shall remain intact. No order as to costs. January 11, 2010 ( A.N.JINDAL ) `gian' JUDGE