FAO No.1315 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1315 of 2011 Date of Decision : 31.10.2011 Virender .......Appellant Versus Bijender @ Billu and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None for the appellant. None for respondent Nos.1 and 2. Mr. Aseem Aggarwal, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) The claimant, Virender, has preferred this appeal assailing the Consolidated Award dated 30.08.2010, passed by the learned Motor Accident Claims Tribunal, Rohtak, wherey eight claim petitions filed by the various claimants were decided. Brief facts of the case in hand are that on 14.05.2009, the appellant, Virender along with several other persons was travelling in Tata Sumo Jeep bearing No.HR-61-0720, being driven by one Rajesh son of Thambu Ram. When the aforesaid Jeep reached near the power-house in the area of Village Kharawar, a truck bearing 1 FAO No.1315 of 2011 registration No.HR-63-0738, coming from Rohtak side, being driven by its driver, Bijender @ Billu, in a rash and negligent manner, hit against the Tata Sumo Jeep, after coming on the wrong side of the road. Resultantly, all the passengers of the Jeep sustained multiple and grievous injuries and they were removed to the PGIMS, Rohtak, for treatment. Four persons succumbed to their injuries sustained by them due to the accident. The appellant, Virender, preferred MACT Petition No.2 of 2009/2010, claiming the compensation to the tune of `10,00,000/- on account of the injuries sustained by him in the accident. After hearing learned counsel for the parties, framing the issues and giving issue-wise findings, the learned Tribunal Awarded an amount of `98,725/- as compensation under different heads. The appellant has come in appeal for enhancement of the same. I have heard learned counsel for the parties and perused the record. From the record, it is made out that the appellant suffered 40% permanent disability due to the accident. The learned Tribunal has awarded a consolidated amount of `65,000/- on account of the ‘permanent disability’ and ‘pain and suffering’, which is not in consonance with the well-settled proposition of law i.e., `2,000/- for each 1% permanent disability. Accordingly, the amount of compensation under this head is enhanced from `65,000/- to `80,000/. In addition thereto, an amount of `25,000/- is granted under the head ‘pain and suffering’ taking into consideration the nature of injuries and the period of hospitalization. 2 FAO No.1315 of 2011 As per the record, the appellant remained admitted in PGIMS Rohtak, from 14.5.2009 to 09.08.2009. He was again admitted in the PGIMS on 24.5.2010 and was discharged on 27.5.2010. The learned Tribunal has awarded consolidated amount of `10,000/- on account of special diet, transportation and attendant. Keeping in view the injuries suffered, the amount awarded appears to be on the lower side. Accordingly, the amount of compensation under this head is enhanced from `10,000/- to `15,000/. In this manner, the total amount of enhanced compensation comes to ` 45,000/- (`15,000/- + `25,000/- + `5,000/-) which shall be payable to the appellant within a period of 45 days from the date of receipt of certified copy of this order. In case, the enhanced amount of compensation is not paid within the stipulated period, the appellant shall be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. Accordingly, the present appeal is partly allowed and Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 31.10.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3