FAO No.2170 of 1995 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2170 of 1995 Date of Decision : 01.11.2011 Bimla Devi .......Appellant Versus State of Haryana and another .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. A.P. Bhandari, Advocate, for the appellant. Mr. Ajay Gulati, DAG, Haryana. **** JITENDRA CHAUHAN, J. (ORAL) The injured-claimant has come in this appeal against the impugned Award dated 3.4.1995, passed by the learned Motor Accident Claims Tribunal, Ambala, seeking enhancement of the compensation. Briefly stated, the facts of the present case are that on 5.12.1993, the claimant along with her other family members were travelling in a Maruti Car, being driven by her husband, Prem Chand, from Ambala to Pehowa. When they reached near Village Badauli, a Bus bearing No.HR-20-9899, which was being driven by its driver, Balbir Singh, in a rash and negligent manner and at a high speed, 1 FAO No.2170 of 1995 came from Pehowa side and hit against the Maruti Car, due to which it rolled down and fell into a nearby pond. Due to the accident, all the occupants of the Maruti Car received serious and multiple injuries. It is averred that the appellant received injuries on her face, leg and other parts of her body. The appellant preferred claim petition claiming compensation on account of the injuries suffered by her. The learned Tribunal, vide impugned Award dated 3.4.1995, granted compensation to the tune of `30,000/- under various heads. The appellant has sought enhancement thereof by way of the present appeal. I have heard learned State counsel and perused the impugned Award. It has come on record that the appellant suffered fracture of upper right tibis at the lateral condyle. She remained admitted in the hospital for a week and incurred an amount of `5,200/- on her treatment, which is made out from the Ex.P6 to Ex.P40. She was X- rayed eight times. The learned Tribunal awarded an amount of `7,000/- under the head ‘compensation towards pain and suffering and loss of enjoyment of life’. Keeping in view the hospitalization, injuries suffered and the seat of injuries, the compensation awarded appears to be on the lower side and deserves to be enhanced. Accordingly, another amount of `10,000/- is granted to the appellant under this head, over and above the amount already granted. Compensation awarded under all other heads seems to be just and reasonable. The enhanced amount of `10,000/- shall be payable to the appellant in the manner indicated by the learned Tribunal, within a 2 FAO No.2170 of 1995 period of 45 days from the date of receipt of certified copy of this judgment, failing which, the appellant shall be entitled to interest @ 7.5% from the date of filing the appeal till it is paid. The State shall be at liberty to recover the same from respondent No.2-Balbir Singh. Accordingly, the present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 01.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3