IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1856 of 2011 (O&M) Date of decision: 04.11.2011 Jai Singh ......Appellant. Versus Ram Chander and Others. ......Respondents CORAM: HON'BLE MR. JUSTICE JORA SINGH Present: Mr. R.A. Sheoran, Advocate for the appellant. Mr. Sunil Saharan, Advocate for respondents No.1 and 2. Mr. R.S. Dhull, Advocate for respondent No.3. Jora Singh, J. CM No. 5628-CII of 2011 Learned counsel for respondents submits that they do not want to file formal reply to the application. In view of the averments mentioned in the application, the same is allowed and delay of 131 days in filing the present appeal is condoned. Civil Misc. application stands disposed of. FAO No. 1856 of 2011 The present FAO has been filed by Jai Singh-appellant challenging the Award dated 01.04.2010 passed by learned Motor Accident Claims Tribunal, Hisar with the request that compensation be enhanced to the tune of `20.00 lacs. Main claim petition was moved by Jai Singh-appellant on the allegation that on 08.02.2008 at about 6.00 PM he was coming from village Tashka driving his three wheeler bearing registration No. HR-39-A 4746 and when he reached on Durjanpur Road Bus Stand, then offending vehicle being driven by respondent No.1 came from Hisar side and struck against his (Jai Singh-appellant) three wheeler. Accident was due to rash and negligent driving of offending vehicle by respondent No.1 and in the accident he received multiple injuries. After accident respondent No.1 fled away from the spot after leaving the offending vehicle at the spot. The appellant was shifted to Jain Orthopaedic Hospital, Hisar and he remained under treatment from 08.02.2008 to 18.04.2008. Upon notice respondents No.1 and 2 appeared and filed written statement separately. From pleadings of the parties, following issues were framed by the Tribunal, which read as under: “1. Whether the petitioner received injuries in accident which took place on 08.02.2008 in the area of Durjanpur Road Bus Stand P.S. Agroha due to rash and negligent driving of Bolero Camper bearing registration No. HR-39A 7290 by respondent No.1-Ram Chander? OPP 2. If issue No.1 is proved whether the petitioner is entitled to claim compensation, if so, to what amount and from whom? OPP 2 3. Whether the petitioner has no cause of action/locus standi to file the present petition? OPR 4. Whether the petition is not maintainable in present form? OPR 5. Whether the driver of the offending vehicle was not holding a valid and effective driving licence and the vehicle was being driven in violation of the terms and conditions of insurance police? OPR-3 6. Relief.” After hearing learned counsel for the parties and from the perusal of evidence on file, learned Tribunal accepted the claim petition and Awarded a sum of `9,75,000/- to the claimant as compensation on account of injuries suffered in accident with interest at the rate of 6% per annum from the date of filing of the petition on the Awarded amount till its realization. Learned counsel for the appellant argued that appellant-Jai Singh remained admitted in the hospital for about 40 days but multiplier of 15 was applied instead of 17, which is on the lower side. Learned counsel for respondent No.3-Insurance Company submitted that he has no objection if `75,000/- more is Awarded to the appellant-Jai Singh as compensation besides the compensation Awarded by the Tribunal. Learned counsel for the appellant submits that he is having no objection, if, `75,000/- more be Awarded as compensation to the appellant and the present appeal be disposed of accordingly. In view of the submissions of learned counsel for the parties, respondent No.3-ICICI Lombard General Insurance 3 Company Ltd is directed to deposit `75,000/- more as compensation payable to the appellant-Jai Singh. The above-said amount of `75,000/- is to be deposited within one month by respondent No.3-ICICI Lombard General Insurance Company Ltd from the date of receipt of certified copy of this order, failing which, respondent No.-3ICICI Lombard General Insurance Company Ltd is to pay `75,000/- with interest at the rate of 6% per annum from the date of filing of the claim petition till its realization. Disposed of accordingly. 04.11.2011 (JORA SINGH) Sham JUDGE 4