FAO No.197 of 1996(O&M) [1] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.197 of 1996(O&M) Decided on : April 07, 2010 Jai Parkash Aggarwal ... Appellant VERSUS State of Haryana and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Manmohan Singh, Advocate for Mr.Suman Jain, Advocate for the appellant. Mr.Rajiv Malhotra, Additional Advocate General Haryana. A.N.JINDAL, J.- Jai Parkash Aggarwal – claimant/appellant (herein referred as `the claimant') has challenged the award dated 27.9.1995 passed by the Motor Accident Claims Tribunal, Hisar, (herein referred as `the Tribunal') awarding compensation to the tune of Rs.2,80,000/- on account of the injuries suffered by him in a vehicular accident on 27.4.1992. Arguments heard. Record perused. The claimant was 52/53 years old at the time of the accident and employed in the Jindal Strips Limited, Hisar. As per the salary certificate Ex.P1, he was getting Rs.2040/- as monthly salary and he suffered disability to the extent of 80% in the accident, as he was unable to move about himself or to perform normal functioning of life. Vijanti, his FAO No.197 of 1996(O&M) [2] wife, while appearing as PW7 has testified that he has lost his memory. Any way, while considering the disability of the injured and other circumstances of the case, it appears that the Tribunal has awarded compensation on the lower side. In the instant case, multiplier of `7' has been applied, while the appropriate multiplier of `11' should have been applied in this case, considering the age of the claimant. The Tribunal also did not award all the expenses as spent by the claimant on his treatment. With the assistance of the counsel for the claimant, the medical bills (Ex.P6 to P43) were calculated and their total came to Rs.58,434/-. Besides, nothing has been awarded for future treatment and on account of the attendant charges during his admission in the hospital. Having noticed the physical capacity of the claimant, it needs to be observed that the members of his family must have been going from Hisar (his residence) to Sir Ganga Ram Hospital, Delhi for his medical treatment for at least a month and, thereafter, for follow up treatment, but the Tribunal has awarded nothing on account of transportation charges. Hence, the compensation needs to be assessed as under:- Loss of future earnings (2040 x 12 x 11) = Rs.2,69,280/- Disability to the extent of 80% = Rs.50,000/- Pain and suffering & loss of enjoyment = Rs.28,000/- Expenses on medical treatment = Rs.58,434/- Towards future treatment = Rs.10,000/- Transportation charges = Rs.20,000/- Total = Rs.4,35,714/- FAO No.197 of 1996(O&M) [3] Accordingly, this appeal is partly accepted and the claimant – appellant is held entitled to Rs.4,35,714/-. However, he shall be entitled to interest on the enhanced amount of compensation, at the same rate as awarded by the Tribunal, from the date of filing of the claim petition, till its realisation. April 07, 2010 ( A.N.JINDAL ) `gian' JUDGE