FAO No. 1286 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 1286 of 2011 Date of Decision: 11.01.2013 Hari Chand @ Kukku Pal ………Appellant Versus Joginder Singh and another ………… Respondents ***** CORAM : HON’BLE MR. JUSTICE T.P.S. MANN Present:- Mr. Sunil Kumar Sharma, Advocate for the appellant. Mr. Nitin Mittal, Advocate for Mr. Subhash Goyal, Advocate for respondent No.2. ***** T.P.S. MANN , J.(ORAL) The claimant has filed the present appeal for challenging the award dated 26.4.2010 passed by the Motor Accidents Claims Tribunal, Panchkula to the extent of granting inadequate compensation for the injuries received by him in a motor vehicular accident. Vide impugned award the Tribunal granted a sum of `52,000/- to the appellant as compensation, which included `15,000/- towards reimbursement of medical expenses, `5,000/- for the pain and sufferings, `3,000/- towards transportation and `29,000/- for permanent disability. Counsel for the appellant has submitted that the appellant was required to attend the OPD for follow up treatment and, accordingly, he had to visit the hospital at Yamuna Nagar on eight different occasions. In this regard, he has drawn the attention of the Court to the OPD slips Exts. P-6 to P-13, which show that he had visited Goel Hospital, Jagadhri on eight FAO No. 1286 of 2011 2 different occasions. Despite the same, the Tribunal has awarded a meagre amount of `3,000/- to the appellant towards transportation expenses. In the considered opinion of this Court, for each visit of the appellant to the Hospital at Jagadhri he ought to have been granted a sum of `1,500/- and, therefore, entitled to receive an amount of `12,000/- towards transportation charges and not merely `3,000/-. Though the appellant has been awarded an amount of `29,000/- by calculating the monthly loss as `150/- or annual loss as `1,800/- for a period of 16 years, however, nothing been granted to him under the independent head of permanent disability. It is not in dispute that the appellant had suffered 10% disability of his lower limb. For every percentage of permanent disability he should be granted `2,000/- and, therefore, for 10% disability he deserves to be granted an amount `20,000/-. In view of the above, the appellant is entitled to enhancement of compensation amount by `29,000/- i.e. `9,000/- towards transportation and `20,000/- for permanent disability. Resultantly, the appeal is allowed by enhancing the compensation amount by `29,000/-. The appellant shall be entitled to interest on the enhanced amount of compensation @ 7.5% per annum from the date of filing of the petition till the amount is recovered. Both the respondents shall be jointly and severally liable to pay the enhanced compensation amount as well. No costs. 11.01.2013 (T.P.S. MANN) 'sp' JUDGE