FAO No.1212 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1212 of 2011 (O&M) Date of decision: 19.12.2011 Smt.Murti Devi ...Appellant Versus Naresh Kumar and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.A.N.Saini, Advocate for the appellant. Mr.Binny Thomas, Advocate for for respondent No.3-Insurance Company Mr.Subhash Goyal, Advocate for respondent No.7 **** Jitendra Chauhan, J. (Oral) CM No.3191 CII of 2011 Despite notice, reply has not been filed by the respondents. Keeping in view the averments made in the application, delay of 126 days in filing the present appeal is hereby condoned. Application stands disposed of. FAO No.1212 of 2011 The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Sonepat, (for short 'the Tribunal'), vide award dated 10.12.2009, on account of the injuries sustained by her, in a motor vehicular accident on 8.11.2007. FAO No.1212 of 2011 (O&M) 2 Learned counsel for the appellant has contended that the appellant suffered multiple grievous injuries on various parts of her body including fracture of right foot and left thigh. She remained admitted for a period of 1½ month in the hospital. She was operated upon her both legs and rods were inserted for treating the fractures. He has further submitted that her left toe was amputated. She has become permanently disabled and is unable to do any work. She was a labourer. The learned Tribunal awarded a sum of `1,48,100/- towards medical expenses; `5,000/- towards special diet, transportation and attendant expenses; `75,00/- towards loss of income; `25,000/- towards pain and sufferings and `60,000/- towards permanent disability, which is inadequate. On the other hand, learned counsel for the respondents stated that the compensation awarded by the learned Tribunal is just and adequate. Therefore, there is no need of any enhancement. I have heard learned counsel for the parties and perused the record. From the perusal of the award, it emerges that the accident took place on 8.11.2007, resulting into amputation of the four fingers of the left toe. As per disability certificates, Exhibits P1 and P2, she suffered 40% disability, out of which 20% is permanent and remaining 20% is temporary. As per her statement, she remained hospitalised for about 14-15 days. She was operated upon and rods were inserted in her both legs. She has long life to live and will have to suffer the disfigurement /disability throughout her life. She was a labourer and amputation will definitely adversely affect her FAO No.1212 of 2011 (O&M) 3 income and day to day life. The learned Tribunal has awarded an amount of `2,45,600/-, which is on the lower side. Moreover, nothing has been granted to the appellant for post-operative care. In Sri Ramchandrappa vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, Civil Appeal No.6481 of 2011, the Hon'ble Supreme Court held that “accident compensation is usually based upon the loss of the claimant's earning or earning capacity, or upon the loss of particular faculties or members or use of such members, ordinarily in accordance with a definite schedule. The compensation to be awarded is not measured by the nature, location or degree of the injury, but rather by the extent or degree of the incapacity resulting from the injury. The term “disability”, ordinarily means loss or impairment of earning power and has been held not to mean loss of a member of the body. If the physical efficiency because of injury has substantially impaired or if he is unable to perform the same work with the same ease as before he was able to do previous to his injury, he will be entitled to suitable compensation”. Keeping in view the above facts, this Court feels that the compensation granted deserves to be enhanced to `50,000/- over and above, awarded by the learned Tribunal, under the heads Pain & Suffering, post operative care, transportation, attendant, future income and misc. expenses, would meet the ends of justice. Ordered accordingly. The enhanced amount i.e. `50,000/- shall be paid to the appellant, within a period of 45 days from the receipt of the certified copy of this judgment, failing which, the same shall carry interest @ 7.5% per FAO No.1212 of 2011 (O&M) 4 annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 19.12.2011 (JITENDRA CHAUHAN) gsv JUDGE