IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3218 of 2001 Date of decision: 21st November, 2008 Ramesh alias Rameshwar … Appellant Versus Budh Ram and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. Suvir Diwan, Advocate along with Mr. S.P. Sharma, Dy. Manager (Legal), Oriental Insurance Company Ltd. for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present appeal has been filed by Ramesh alias Rameshwar son of Manphul Singh. He was awarded Rs.1.00 lakh along with cost and interest @ 12 percent per annum w.e.f. the date of filing of claim application, i.e. 19.03.1997 to the date of actual payment. He had filed a claim petition against Budh Ram and the Oriental Insurance Company Ltd. On the night intervening 19th and 20th January, 1997, a tractor No. HRT-9682 owned by Manphool was parked on the road leading from Hisar to Rohtak in a damaged condition. The tractor was being driven by Bhajan Lal son of Manphul and brother of Rameshwar claimant. Rameshwar was having a tractor repair shop at Fatehabad. He was called by his brother. When he reached at spot at about 11.00 p.m., he along with his brother Bhajan Lal and Paramjit went to take dinner, then a FAO No.3218 of 2001 Maruti car bearing No. HR-20C/7021 came from the opposite direction. It was being driven by Budh Ram. This Maruti car has been insured with Oriental Insurance Company Ltd. The car hit Rameshwar and then against the tractor. FIR No.22 dated 28.01.1997 was recorded at the Police Station Sadar, Hansi. The Tribunal came to the conclusion that the accident has occurred due to rash and negligent driving. This finding is not assailed by Mr.Suvir Diwan, counsel for the Insurance Company. However, he has stated that Rs.1.00 lakh has already been awarded, along with interest, to the claimant. Mr.Suvir Diwan, on instructions Mr.S.P. Sharma has stated that over and above the amount and interest already paid, Rs.50,000/- can be paid to the claimant as lumpsum amount. Since for the fracture of both the legs and prolonged treatment, Rs.25,000/- was given and it was held that claimant was earning Rs.2000/- per month, I find that Tribunal had rightly assessed the amount, but has not taken into consideration facts like, special diet, attendant charges and he ought to have been awarded the amount for trauma also. Therefore, forming an overall view, Rs.50,000/-, over and above the amount of compensation already awarded along with interest, is awarded in favour of the appellant. With these modifications present appeal is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE November 21, 2008 rps 2