FAO No.2135 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2135 of 2011 (O&M) Date of decision: 13.12.2011 Miss Annu ...Appellant Versus Iqbal Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the appellant. None for respondent No.1. Mr.Ajay Gulati,DAG, Haryana for respondent Nos. 2 and 3. Ms.Lovjinder Kaur, Advocate for respondent No.4-Insurance Company **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Fatehabad (for short 'the Tribunal') vide award dated 18.8.2010, on account of the injuries suffered by her, in an accident on 1.8.2009. It has been pleaded in the grounds of appeal that the compensation awarded under the heads 'pain and sufferings', 'special diet', 'transportation charges' by the learned Tribunal is on the lower side. It is further pleaded that no amount has been awarded towards 'attendant charge' and 'loss of income'. On the other hand, learned counsel for the respondents have contended that the learned Tribunal awarded a just and reasonable FAO No.2135 of 2011 (O&M) 2 compensation, therefore, there is no scope for any further enhancement. I have heard learned counsel for the respondents and perused the grounds of appeal as well as the record. From perusal of the record, it emerges that the appellant suffered serious multiple injuries on the various parts of her body. She remained hospitalised from 1.8.2009 to 18.8.2009. The medical record reveals that she suffered head injury. But there is no record regarding any disability suffered by her. During the period of hospitalisation from 1.8.2009 to 18.8.2009, she must have suffered physical pain and mental agony. Therefore, keeping in view the facts and circumstances of the case, this Court feels that amount awarded i.e. Rs.5,000/- towards pain and suffering, special diet; Rs.5000/- towards transportation incurred by her, appears to be on the lower side. This Court feels that the ends of justice would be sufficiently met in case the amount is enhanced to Rs.20,000/- more towards all the heads mentioned above. Ordered accordingly. Accordingly, the enhanced amount i.e. Rs.20,000/- shall be paid to the appellant, within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per 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. 13.12.2011 (JITENDRA CHAUHAN) gsv JUDGE