FAO No.5591 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5591 of 2010 (O&M) Date of Decision : 08.11.2011 Yudhvir Singh .......Appellant Versus Ranbir and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Arun Luthra, Advocate, for the appellant. Ms. Vandana Malhotra, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) CM No.5591 of 2010 CM allowed. For the reasons mentioned in the CM, delay in filing the appeal is condoned. FAO No.5591 of 2010 1. The present appeal has been filed by the claimant- appellant, assailing the Award dated 11.09.2009, passed by the learned Motor Accident Claims Tribunal, Sonepat. 2. Brief facts of the present case are that on 18.10.2006, the injured-claimant along with Sandeep had gone to answer the call of nature and when they were returning back, a motorcycle bearing 1 FAO No.5591 of 2010 (O&M) No.HR-11-B-5030, being driven in a rash and negligent manner at a fast speed, came from Gohana side and hit against the claimant. As a result of the accident, the claimant sustained injuries and was removed to the CHC, Gohana, by the eye-witness Jagbir. His condition being serious, he was referred to the PGIMS, Rohtak, from where he was further referred to the Lok Nayak Hospital, Delhi on the next day. He was getting treatment till the filing of the claim petition. The learned Tribunal awarded a sum of `2,16,500/- as compensation holding the respondents jointly and severally liable to pay the compensation. 3. Dissatisfied with the compensation awarded, the claimant filed this appeal through his father and natural guardian for enhancement of compensation. 4. Learned counsel for the appellant-claimant argued that the appellant-claimant has become insane and incapable to do any work due to this accident and as such, the compensation is on the lower side. 5. I have heard the learned counsel for the parties and have carefully gone through the record. 6. From the perusal of the record, it emerges that the injured was discharged from the Hospital on 31.10.2006 and had not recovered till the passing of the Award. Due to the injuries sustained by him in the accident, he has become permanently disabled and has lost his mental ability. As per the disability certificate, Ex.P-44, the claimant suffered 50% disability on account of mild mental retardation with IQ 65. 2 FAO No.5591 of 2010 (O&M) 7. The learned Tribunal has awarded an amount of `10,000/- under the head ‘pain and suffering’, which in view of the nature of injuries suffered and the period of hospitalization, appears to be inadequate. In the opinion of this Court, the ends of justice would be met in case an amount of `15,000/- is granted under the head ‘pain and suffering’ over and above the amount already awarded by the learned Tribunal. 8. A further perusal of the record would reveal that the learned Tribunal has not granted any compensation under the heads, ‘attendant’, ‘transport’, and ‘special diet’. Taking into consideration the facts and circumstances of the present case, an amount of `5,000/- each is awarded under the aforesaid three heads. 9. In this manner, the claimant-appellant is held entitled to the enhanced compensation to the tune of `30,000/-, which shall be payable to him within a period of 45 days from the date of receipt of a certified copy of this judgment. In case the aforesaid amount is not paid within the stipulated period, the injured-claimant shall be entitled to interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. Accordingly, the present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 08.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3