FAO No. 6428 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 6428 of 2010 Date of decision: 17.10.2011 Rama Nand Appellant vs. Sispal and Others Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Anil Kumar Gehlawat, Advocate for the appellants Mr. Anil Ghangas, Advocate for respondent Nos. 1 & 2 Mr.Ravinder Arora, Advocate for respondent No.3 .... JITENDRA CHAUHAN.J This appeal has been filed by the appellant-injured against the Award dated 23.2.2010, passed by the Motor Accident Claims Tribunal, Bhiwani ( for short the Tribunal). The prayer is for the enhancement of the compensation. Learned counsel for the appellants has submitted that the compensation of Rs. 1,65,000/- awarded by the Ld. Tribunal is inadequate. He further submitted that the appellant had been working at the brick kiln and engaged in dairy farming. Due to the injuries suffered, 8% permanent and 5% temporary disability, he could not attend to the work for more than three months. The Ld. Tribunal has awarded only Rs. 10,000/- towards transportation, special diet and treatment and Rs. 14,000/- towards pain and suffering and loss of enjoyment of life. He prayed that these amounts be FAO No. 6428 of 2010 2 enhanced. Learned counsel for the respondent-Insurance Company submited that the Ld. Tribunal has awarded adequate compensation. I have heard the learned counsel for the parties and gone through the record with their able assistance. The injured is a brick kiln labourer. The working capacity of the appellant has definitely decreased due to the injuries suffered. The good health and good strength is the only asset with the labourer to earn his livelihood. An employer engages a labourer after assessing him like a commodity and if there is small deformity or disability in the body of a labourer, he is rendered unsuitable in the labour market. A labourer has to take extra/special diet to maintain his strength. Keeping in view the above circumstances, the ends of justice would be met if the amounts of heads given below, are increased to the following extent:- Cost of treatment, special diet Rs. 10,000/- and transportation Pain and suffering and Rs. 15,000/- loss of enjoyment Total Rs.25,000/- The Award dated 23.3.2010 passed by the Ld. Tribunal is modified to the above extent. Appeal is partly allowed. (JITENDRA CHAUHAN) 17.10.2011 JUDGE MS