FAO No.3037 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3037 of 2011 Date of Decision : 31.10.2011 Joginder Singh .......Appellant Versus Bijender @ Billu and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Amit Shivrain, Advocate, for Mr. Kulvir Narwal, Advocate, for the appellant. None for respondent Nos.1 and 2. Mr. Aseem Aggarwal, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) The claimant, Joginder Singh, has preferred this appeal assailing the Consolidated Award dated 30.08.2010, passed by the learned Motor Accident Claims Tribunal, Rohtak, while disposing of eight claim petitions. Brief facts of the case in hand are that on 14.05.2009, the appellant, Joginder along with several other persons was travelling in Tata Sumo Jeep bearing No.HR-61-0720, being driven by one Rajesh son of Thambu Ram. When the aforesaid Jeep reached near the 1 FAO No.3037 of 2011 power-house in the area of Village Kharawar, a truck bearing registration No.HR-63-0738, coming from Rohtak side, which was being driven by its driver, Bijender @ Billu, in a rash and negligent manner, hit against the Tata Sumo Jeep, after coming on the wrong side of the road. Resultantly, all the passengers of the Jeep sustained multiple and grievous injuries and they were removed to the PGIMS, Rohtak, for treatment. Four persons succumbed to their injuries sustained by them due to the accident. The appellant, Joginder Singh, preferred MACT Petition No.129 of 2009, claiming the compensation to the tune of `2,00,000/- on account of the injuries sustained by him in the accident. After hearing learned counsel for the parties, framing the issues and giving issue-wise findings, the learned Tribunal Awarded an amount of `75,000/- as compensation under different heads. The appellant has come in appeal seeking enhancement of the same. I have heard learned counsel for the parties and perused the record. From the record, it is made out that the appellant suffered 27% permanent disability, out of which, 3% disability is on account of disfigurement of his face. The learned Tribunal has awarded an amount of `15,000/- for the disability suffered on face, and for the remaining 24% disability, an amount of `45,000/- has been granted. Keeping in view the fact that the face is the most visible part of the human body, the amount of `15,000/- awarded by the learned Tribunal appears to be on the lower side. Accordingly, the amount is enhanced to `25,000/-. As regards the remaining disability of 24%, following 2 FAO No.3037 of 2011 the well-settled proposition of law i.e., `2,000/- for each 1% permanent disability, the amount of `45,000/- is enhanced to `48,000/. The learned Tribunal has awarded consolidated amount of `15,000/- on account of special diet, transportation, attendant and medicines. Keeping in view the injuries suffered, in the opinion of this Court, the awarded amount appears to be inadequate. Accordingly, the amount of `15,000/- is enhanced to `25,000/- on account of the aforesaid heads. The appellant remained admitted in the PGIMS, Rohtak from 14.5.2009 to 1.6.2009. Thereafter also, he must have remained bed-ridden for a considerable period of time in view of the nature and seat of injuries. However, the learned Tribunal has not awarded any compensation on account of the ‘loss of income’. Taking into consideration the facts and circumstances of the present case, the total period for which the appellant remained bed-ridden, is assessed to be three months. The appellant has claimed himself to be a contractor and earning monthly income to the tune of `9,000/-. However, the parties failed to lead any evidence in favour or against this contention, nor the learned Tribunal has recorded any finding in this regard. Therefore, in view of the Haryana Government Notification No.3/42/83-3 Lab. dated 27.6.2007, issued under the Minimum Wages Act, 1948, the monthly income of the appellant is assessed to ` 3,510/- treating him has an unskilled labourer, and he is held entitled to an amount of ` 10,530/- (3510 X 3), under the head ‘loss of income’. 3 FAO No.3037 of 2011 Accordingly, the total amount of enhanced compensation comes to ` 33,530/- (`3,000/- + `10,000/- + `10,000/- + ` 10,530/-) which shall be payable to the appellant within a period of 45 days from the date of receipt of a certified copy of this order. In case, the enhanced amount of compensation is not paid within the stipulated period, the appellant shall be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. In view of the above, the present appeal is partly allowed and Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 31.10.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4