IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3079 of 2008 (O&M) Date of Decision 16.11.2009 Vijay ...... Appellant VERSUS Desraj and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Atul Yadav, Advocate, for the appellant. Mr.Vivek Singal, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 13.03.2008, passed by Motor Accident Claims Tribunal, Gurgaon, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.68,000/- in favour of the claimant-appellant (herein referred as 'the claimant') and against the respondents jointly and severally, on account of the injuries suffered by him in a motor vehicular accident. The respondents have neither challenged the negligence nor the liability. However, the claimant has sought enhancement of compensation stating that the disability having been suffered was 25% as such the claimant should be awarded Rs.50,000/- but the Tribunal fell in error while awarding compensation to the tune of Rs.25,000/- only. Heard, despite awarding less amount on account of disability, nothing was awarded to him on account of transportation, special diet, attendant and future treatment. He was quite young man of 18 years old at FAO No.3079 of 2008 (O&M) -2- the threshold of the career of his life. He has been crippled due to the injuries which could not be restored yet adequate compensation was required to be awarded to him for his survival for the rest of his life. As such, the claimant is entitled to Rs.50,000/- instead of Rs.25,000/- on account of the disability and Rs.25,000/-on account of the expenses over the special diet, attendant, transportation and future treatment. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.50,000/- over and above the award amount. However, the claimant would also be entitled to receive interest on the enhanced amount at the same rate as awarded by the Tribunal. (A.N.Jindal) Judge 16.11.2009 mamta-II