FAO No. 4299 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4299 of 2009 Date of decision: 04.03.2010 Balwan Singh ....Appellant Versus Janak Raj and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Arun Yadav, Advocate, for the appellant. Mr. Vinod Gupta, Advocate, for respondent No.2. VINOD K. SHARMA, J.(ORAL) This appeal, by the claimant, has been filed against the award dated 23.4.2009, passed by the learned Motor Accident Claims Tribunal Rewari, allowing him compensation of Rs.47,292/- (Rupees forty seven thousand two hundred and ninety two only) along with interest @ 9% per annum from the date of filing of the claim petition till realisation. The compensation has been granted for the injuries suffered by the claimant in a motor vehicular accident, when the vehicle was in use. Discussion with regard to the injuries suffered by the appellant, reads as under: - “PW4-Dr. Ashok Saini, MOGH, Rewari sated on oath that on 24.1.2007 a medical board for assessment of disability was constituted. He was one of the member of the Board. On that day, petitioner appeared before the medical board for certaining his physical disability. After examining, his disability was ascertained at 20 per FAO No. 4299 of 2009 -2- cent on account of compression fracture of T.11 with pain and difficulty in walking Ex.P9 is the original disability certificate proved by him.” The learned counsel for the appellant seeks enhancement of compensation on the plea that the learned Tribunal has failed to notice that the appellant had suffered 20% permanent disability. However, 20% of disability, is qua the limb wherein the total disability would be only 9%. The compensation awarded can be taken to be inadequate, in view of proved fact. Learned counsel for the parties agree, that the appellant be granted, additional compensation of Rs.20,000/- (Rupees twenty thousand only) in addition to one already granted. In view of the consent of the parties, this appeal is partly accepted, the compensation payable to the claimant is enhanced by Rs.20,000/- (Rupees twenty thousand only) over and above the compensation already granted. In case, the enhanced compensation, is paid to the claimant within a period of two months, from today no interest shall be payable, but in case, there is delay in payment of enhanced compensation, as assessed with consent of the parties by this Court, the appellant shall be entitled to 9% per annum interest on the enhanced compensation, from the date of filing of the claim petition till realisation. (Vinod K. Sharma) Judge March 04, 2010 R.S.