FAO Nos.4790 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4790 of 2010 (in MACT No.42 of 2008) Date of Decision : 15.12.2011 Bhola .......Appellant Versus Mohinder Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ravinder Malik, Advocate for the appellant. Mr. Vivek Singal, Advocate, for respondent-National Insurance Co. Ltd. **** JITENDRA CHAUHAN, J. (ORAL) The injured-appellant, Bhola, has approached this Court seeking enhancement of the compensation granted by the learned Motor Accident Claims Tribunal, Panipat, vide the impugned Award dated 23.01.2010. Brief facts of the case in hand are that on 29.01.2008 at 8.30 a.m., the injured-claimant Bhola, along with other passengers was going to Gohana, in a Jeep bearing No.HR-60C-0279. When they reached near Mehrana Petrol Pump on Gohana Road, a truck bearing No.HR-61-8619, being driven by the driver Mohinder Singh, respondent No.1, in a rash and negligent manner, came from the Gohana side and struck against the said Jeep. Due to the accident, 10 persons including the appellant herein, received multiple injuries 1 FAO Nos.4790 of 2010 whereas five other persons died on the spot. FIR No.37 dated 29.1.2008 under Sections 279, 304-A and 427 IPC was registered at Police Station Model Town, Panipat. In this background, fifteen separate claim petitions were preferred before the learned Tribunal, which were disposed of by a consolidated Award dated 23.01.2010. The appellant herein preferred claim petition No.42 of 2008 and was awarded compensation to the tune of `1,21,000/-. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. A perusal of the record shows that the accident took place near the Mehrana Chowk and the injured-appellant was initially taken to the General Hospital Panipat, and thereafter he was moved to the Hyderabadi Hospital, Panipat. Ultimately, he was shifted to Dr. Parveen Garg Hospital Karnal, where he remained admitted from 30.01.2008 to 21.02.2008. As per the deposition of PW23, Rajiv Kumar, General Ward Boy of Dr. Parveen Hospital Karnal, the appellant suffered multiple and serious injuries on various parts of his body. He was also operated upon by Dr. Rahul Singh during his admission in the Hyderabadi General Hospital and Nursing Home Panipat. The learned Tribunal has awarded a consolidated amount of `40,000/- on account of pain and suffering, services of attendants, special diets etc. 2 FAO Nos.4790 of 2010 The injured-appellant remained hospitalized for a period of about 22 days. Keeping in view the nature of the injuries suffered, it can safely be inferred that he must have remained confined to bed for a substantial period, and must have suffered loss of income. However, the learned Tribunal has not awarded any amount under this head. Accordingly, an amount of `15,000/- is granted under the head ‘loss of income’. As is evident from the record, the injured was treated at three different hospitals and must have incurred expenses on account of transportation. Therefore, this Court deems it appropriate to grant another amount of `5,000/- towards the head ‘transportation’. The amount of compensation awarded under all the other heads is just and appropriate. In view of the above, the injured-appellant, Bhola, is held entitled to an amount of `20,000/- as enhanced compensation, which shall be payable to him within a period of 30 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to the interest @ 9.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3