FAO No.3729 of 2008 (O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.3729 of 2008(O&M) Sombir ... Appellant VERSUS Sukhbir and others ... Respondents and FAO No.3730 of 2008(O&M) Vinod Kumar ... Appellant VERSUS Sukhbir and others ... Respondents Decided on : July 30, 2009 CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Ms.Kusum Anjali Sharma, Advocate for Mr.Sanjay Vashisth, Advocate for the claimant-Appellants. Mr.Ajit Sihag, Advocate for respondent No.2. Mr.Ravinder Arora, Advocate for respondent No.3 – Insurance Company. A.N.JINDAL, J.- This order shall dispose of two appeals i.e. FAO No.3729 of 2008 and 3730 of 2008, both arising out of the one consolidated award dated 7.4.2007 passed by Motor Accident Claims Tribunal, Bhiwani, whereby claimant Sombir was awarded Rs.50,000/- as compensation, whereas, claimant Vinod Kumar was awarded Rs.80,000/- on account of the injuries suffered by them. Both the claimants/appellants are referred herein as claimants respectively. FAO No.3729 of 2008 (O&M) [ 2 ] The accident as also the liability to pay the compensation are not in dispute. The only contention of the counsel for the claimants – appellants is that the compensation has been granted on the lower side. It is submitted that claimant Sombir suffered fracture and had to remain hospitalised for seven days. The claimant Vinod Kumar, who had been earning Rs.5000/- month by working as driver, suffered 10% disability and had to remain hospitalised for a long period. Perusal of the impugned award shows that sufficient amount has been assessed for the medical treatment, but the Tribunal fell in error while granting compensation on account of the pain, suffering, special diet and all other heads. In case of claimant Sombir only Rs.18,000/- have been awarded and in case of claimant Vinod Kumar only Rs.10,000/- have been awarded on this account, whereas, none of the claimants has been awarded any particular amount on account of trasportation. As such, the compensation awarded to the claimants being on lower side requires interference. In the circumstances, both the appeals are partly accepted and the award is modified to the extent that claimant Sombir (appellant in FAO No.3729 of 2008) shall be awarded Rs.10,000/- and claimant Vinod Kumar (appellant in FAO No.3730 of 2008) shall be awarded Rs.20,000/-, over and above the amount awarded by the Tribunal. The other terms of the award shall remain unchanged. July 30, 2009 ( A.N.JINDAL ) `gian' JUDGE