FAO No. 673 of 2000 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 673 of 2000 (O&M) Date of decision : 6.5.2010 Prem Chand ... Appellant vs State of Haryana and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Hardip Singh, Advocate, for the appellant. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J. The claimant is in appeal before this Court challenging the award dated 2.11.1999, passed by Motor Accidents Claims Tribunal, Rupnagar (for short, `the Tribunal'), whereby he was granted a sum of Rs. 7,000/- as compensation. Briefly, the facts are that on 24.1.1998, claimant Prem Chand along with Jeet Ram was coming from Village Mangli towards Anandpur Sahib on scooter no. PB-1E-3354. It was driven by Jeet Ram and the claimant was its pillion rider. When they were about 1½ k.m., behind Bhanupli bus stand, a Haryana Roadways Bus bearing no. HR-01-PA-1055, driven by respondent no. 3, in a rash and negligent manner, came from opposite side and struck against the scooter. As a result thereof, both Prem Chand and Jeet Ram fell down and received multiple injuries. Thereafter, claim petition filed by Prem Chand appellant was allowed by the learned Tribunal and a sum of Rs. 7,000/- was granted as compensation vide award dated 2.11.1999. Dissatisfied with the award, the claim/appellant filed the present appeal seeking enhancement of compensation. The matter was referred to the Lok Adalat in the High Court vide order dated 17.10.2000 and Bench of Lok Adalat on 13.2.2001, while considering the details of the case found that the appellant is entitled to compensation of Rs. 1,33,000/- as against Rs. 7,000/- granted by the learned Tribunal. The order of the Lok Adalat is reproduced as under:- “It is a case where highly inadequate compensation of Rs. 7,000/- only was awarded to Prem Chand who had suffered fracture of backbone (fracture of neck femur). He remained hospitalised for about 20-25 days. A rod was fixed FAO No. 673 of 2000 -2- from waist to left thigh. The Tribunal granted the compensation on November 02, 1999. The accident took place on January 24, 1998. Haryana Roadways bus number H. R. -01-PA-1055 was involved in the accident. Prem Chand aged about 57 years, a shop keeper, suffered injuries as briefly noticed above. We are of the opinion that in view of the injuries suffered, at least, a sum of Rs. 10,000/- should be allowed on account of pain and suffering. Since a rod was fixed, we take it that one operation must have been performed and a sum of Rs. 20,000/- is considered a reasonable amount for getting the operation performed. For 20 to 25 days the injured was hospitalised and, obviously, he was on special diet. A sum of Rs. 5,000/- is allowed on that account. In the statement Prem Chand, appellant, made a deposition of having been spent Rs. 1,20,000/- on his treatment, we think, the amount was exaggerated. As no bills or receipts were produced on the record, only a consolidated amount towards medicines etc. is to be determined and we allow a sum of Rs. 20,000/- on that account. With the nature of injuries suffered he is to be compensated for six months' loss of earnings. According to the claimant, he was earning Rs. 6,000/- per mensem. On the lower side, taking Rs. 3,000/- per mensem, for 6 months', we allow Rs. 18,000/- under that head. The permanent disability was opined by the doctors as 50%. The doctors further opined that by the lapse of time it is to decrease. Thus, taking 30% disability, for the purpose of calculation, and allowing Rs. 2,000/- per percentage of disability, we allow Rs. 60,000/- on that account. In this manner, the compensation is worked out at Rs. 1,33,000/-. The Tribunal has granted only Rs. 7,000/-. Thus, over and above the amount granted by the Tribunal, the claimant would get Rs. 1,26,000/- more. On this amount the claimant will get interest at the rate of 12% per annum from the date of filing of the appeal i.e. Apri 24, 1998 till payment. Two months' time is allowed to the respondents to make the payment. If the parties object to the proposed order as above, FAO No. 673 of 2000 -3- they may move High Court with objection petition within two months for the disposal of the appeal on merits according to law.” The manner in which the amount has been determined by the Lok Adalat cannot be faulted with. Accordingly, the amount of compensation payable to the appellant is assessed at Rs. 1,33,000/- on which the appellant shall be entitled to interest @ 6% from the date of filing of claim petition till payment. The appeal is disposed of in the above terms. 6.5.2010 ( Rajesh Bindal) vs. Judge