FAO No.1803 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1803 of 2011 (O&M) Date of Decision : 07.11.2011 Ram Kumar .......Appellant Versus Sanjay Kumar @ Hans Raj and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Rishi Nijhawan, Advocate for the appellant. Mr. Kulbhushan Sharma, Advocate, for respondent Nos.1 and 2. Mr. D.R. Bansal, Advocate for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) CM No.5538-CII of 2011 (O&M) For the reasons mentioned therein, the CM application is allowed and the delay of 146 days in filing the appeal is hereby condoned. FAO No.1803 of 2011 The claimant-appellant, Ram Kumar has preferred this appeal, seeking enhancement in the amount of compensation granted by the learned Motor Accident Claims Tribunal, Kaithal, vide impugned Award dated 20.5.2010. Brief facts of the case in hand are that on 18.6.2008, the claimant was going on his motorcycle bearing No.HR-99Y-4683, from 1 FAO No.1803 of 2011 Rajound to Kichhana. When he reached near Village Narwal and Rajound Near Canal, an Indigo Car bearing No.HR/51V/0732, which was being driven by respondent No.1, Sanjay @ Hans Raj, rashly, negligently and at a high speed, came from Kaithal side and hit against the motorcycle of the claimant by coming on the wrong side. As a result thereof, the claimant fell down and became unconscious. He was removed to the Hospital by one Kuldeep son of Hardev. In this background, the claimant-injured preferred claim petition before the learned Tribunal, seeking compensation on account of the injuries suffered by him in the said accident. The learned Tribunal, vide impugned Award, awarded compensation to the tune of `40,000/-. Aggrieved thereof, the appellant has preferred the present appeal before this Court, seeking enhancement. I have heard the learned counsel for the parties and perused the record. From the record, it emanates that the injured-claimant suffered multiple injuries and he remained admitted in the General Hospital, Kaithal for two days. As per the MLR, Ex.P3 and X-Ray report, Ex.P4, he suffered fracture on right thigh and right foot. It is evident from the disability certificate, Ex.PW2/A, that the claimant suffered disability to the extent of 15%. The learned Tribunal has awarded an amount of `5,000/- under the head ‘disability’ which appears to be inadequate. In Ram Kiran Goyal, Vs. SDE, 2008(2) RCR Civil 103, it has been provided that an amount of `2,000/- has to be granted for each percentage of disability. Accordingly, the 2 FAO No.1803 of 2011 compensation awarded under the head ‘disability’ is enhanced from `5,000/- to `30,000/-. From the record, it is further made out that the claimant remained as an indoor patient at Civil Hospital, Kaithal, for three days. As already observed, the claimant suffered fracture, however, the learned Tribunal has not awarded any compensation against the head ‘attendant charges’. Keeping in view the nature of injuries and the extent of disability, an amount of `5,000/- is awarded under the head ‘attendant’. Compensation awarded under all other heads seems just and appropriate. In view of the above, the claimant-appellant is held entitled to a sum of `30,000/- as enhanced compensation, which shall be payable to him within a period of 45 days from the date of receipt of certified copy of this judgment. In case the amount aforesaid is not paid within the period stipulated above, the appellant shall also be entitled to get interest @ 7.5% p.a. from the date of filing the 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