IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.288 of 2009 Date of decision : 05.10.2009 Isham Singh … Appellant Versus Roshan Lal etc. …Respondents CORAM : HON’BLE MR.JUSTICE A.N.JINDAL Present: Mr.Chander Shekhar Sharma, Advocate for Mr.Vikram Singh, Advocate for the appellant. Mr.Vinod Gupta, Advocate for respondent No.3. A.N.Jindal, J. (Oral) Motor Accident Claims Tribunal, Karnal vide its award dated 2.12.2008 awarded compensation to the tune of Rs.99,000/- to Isham Singh- claimant in motor accident case No.13/2006 for the injuries suffered by him. The details of compensation are as under:- i) Medical expenses Rs.65,000/- ii) Transportation expenses Rs.3,000/- iii) Expenses on attendant Rs.2,000/- iv) Loss of income Rs.9,000/- v) Loss of future income Rs.10,000/- on account of permanent disability (vi) Non-pecuniary damages Rs.10,000/- Including Pain and sufferings Total Rs.99,000/- The respondents have neither challenged the negligence nor liability to pay the compensation, however, claimant has preferred this appeal for enhancement. In order to examine the gravity of the injuries, I need to highlight the statement of Dr.Rajiv Gupta- PW-5 (a member of the medical Board) who proving Ex.P2, has stated that claimant had suffered head injury and fracture of ribs; he remained admitted in PGI, Chandigarh w.e.f. 2.7.2005 to 28.7.2005 and in another hospital from 29.7.2005 to 12.8.2005. A tracheotomy tube and chest FAO No.288 of 2009 tube were implanted at the time of admission in the hospital and was discharged on 12.8.2005 in a better condition. Dr.Gupta also proved his medical prescription slips Ex.P3 to Ex.P12. In his cross examination, he has stated that claimant had come twice to him for follow up treatment lastly he came to him on 20.8.2005. The claimant has also placed on record cash memos Ex.P-13 to Ex.P41 for purchasing various medicines. While calculating, the total amount of cash memos comes to Rs.59,187.25 paisa. Having scrutinized the medical evidence, it may be noticed that though tribunal awarded sufficient compensation to the claimant under various heads. Yet no adequate compensation was awarded for permanent disability to the extent of 75% on account of intellectual impairment, which occurred due to loss of IQ to the extent of 48 but the tribunal awarded only Rs.10000/- for this intellectual impairment. It could well be stated that intellectual impairment falls within a purview of permanent disability which, he suffered on account of injury on his head. Therefore, he deserves, compensation to the tune of Rs.1,40,000/- for this permanent disability instead of Rs.10,000/- as awarded by the tribunal. Resultantly, I partly allow this appeal and modify the award by enhancing to the tune of Rs.1,30,000/- over and above the amount already enhanced by the tribunal. However, the remaining terms of the award including interest shall remain in tact. [ A.N.Jindal ] Judge 05.10.2009 sd 2