FAO Nos.1689 and 1849 of 1994 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO No.1689 of 1994 Date of Decision : 21.10.2011 Sher Singh .......Appellant Versus State of Haryana and others .......Respondents (ii) FAO No.1849 of 1994 Date of Decision : 21.10.2011 State of Haryana and others .......Appellants Versus Sher Singh and another .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ajay Gulati, DAG, Haryana. Mr. R.S. Longia, Advocate, for Baldev Singh and Sher Singh, claimants. **** JITENDRA CHAUHAN, J. (ORAL) Two appeals, namely, FAO Nos.1689 and 1849 of 1994, are being disposed of by this single judgment, having arisen out of the same accident. Brief facts leading to filing of the present appeals are that on 3.8.1992, Sher Singh and Baldev Singh, the claimant-appellants 1 FAO Nos.1689 and 1849 of 1994 were travelling on a Hero Honda Motorcycle No.HR-07-A-0311 from Babain to District Courts, Kurukshetra, which was being driven by Sher Singh. When they reached in the area of Village Ramgarh, a Matador No.HR-24/3294, which was being driven rashly and negligently by the driver, came from the opposite side and struck against their motorcycle, after going to its wrong side. Resultantly, the claimant-appellants, Sher Singh and Baldev Singh, sustained injuries. Two claim petitions, viz., MACT Case No.137 of 1992 and MACT Case No.1 of 1993, were preferred by the claimant- Sher Singh, before the learned Motor Accident Claims Tribunal, Kurukshetra, claiming compensation on account of the injuries suffered by him in the accident and for the damage to his motorcycle, respectively. The learned Tribunal awarded compensation to the tune of ` 2,00,000/- + ` 600/- on account of the injuries suffered by the claimant and `16,000/- for the damages to the motorcycle. Aggrieved therefrom, the claimant-appellant has preferred FAO No.1689 of 1994, seeking enhancement in the amount of compensation awarded to him on account of the injuries suffered by him. FAO No.1849 of 1994 has been preferred by the State of Haryana, for setting aside the impugned Award. I have heard the learned counsel for the parties and perused the record. From the record, it is made out that the claimant-appellant received as many as 14 injuries including multiple lacertation on right side of shoulder, abrasions and lacerated wounds on the right hand. His MLR was conducted on 3.8.1992, which is on record as Ex.P11. 2 FAO Nos.1689 and 1849 of 1994 The learned Tribunal has granted an amount of `90,000/- on account of medicines, treatment, transport, diet, etc. An amount of `81,000/- has been awarded towards the head ‘loss of income’ and `11,000/- towards the head ‘pain and suffering’. In the facts and circumstances of the present case, the aforesaid compensation awarded against the respective heads seems just and reasonable and no case of enhancement thereof is made out. Accordingly, this Court is not inclined to interfere in the well reasoned Award of the learned Tribunal, therefore, FAO No.1689 of 1994 is hereby dismissed. There is no force in the contention of the learned counsel for the State of Haryana that the compensation awarded by the learned Tribunal is on higher side. Consequently, FAO No.1849 of 1994, filed by the State of Haryana is also dismissed. ( JITENDRA CHAUHAN ) 21.10.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3