FAO No.226 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.226 of 2012 (O&M) DATE OF DECISION: August 8, 2012 HARPREET KAUR (MINOR) ...APPELLANT VERSUS JASTAR MASIH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR.JUSTICE M.JEYAPAUL. 1. Whether the judgement should be reported in the digest? No PRESENT: MR. AMANDEEP SINGH MANISE, ADVOCATE FOR THE APPELLANT. M.JEYAPAUL, J.(ORAL) C.M. No.965-CII of 2012 1. C.M. allowed. Exemption granted. FAO No.226 of 2012 2. Sh. Vinod Gupta, Advocate who is present in Court was directed to take notice for respondent No.3-New India Insurance Co. Ltd. who has already been served with notice. Notice to respondents No.1 and 2 being the driver and owner is dispensed with. 3. Heard the submissions made on the either side. The award passed by the Tribunal is challenged on the following grounds:- i. The Tribunal has not awarded any specific amount towards the loss of amenities and marital prospects. ii. The injured-claimant remained in hospital right from 2.1.2009 to 27.1.2009. Nothing was awarded towards nourishment and miscellaneous expenses. FAO No.226 of 2012 (O&M) -2- iii. The Tribunal awarded the interest @ 6% per annum from the date of the petition till the realization only in case where the award amount was not deposited with the Tribunal within 2 months from the date of order. 4. The evidence adduced by the claimant would go to establish that her right foot was badly injured and on account of which two toes in her right foot were amputated. Definitely, there would be a slur in the marital prospect of the claimant who is a female child. She would also face loss of amenities throughout her life. Therefore, I have proposed to award a sum of `50,000/- towards loss of amenities and the slur in the marital prospect. 5. The Tribunal has not awarded any amount towards extra nourishment and miscellaneous expenses for 25 long days, the claimant was in the hospital taking treatment. At least, a sum of `5000/- should be awarded towards extra nourishment and miscellaneous expenses. Further the claimant is entitled to interest right from the date of petition till realization. 6. In view of the above, a sum of `50,000/- towards loss of amenities and slur in the marital prospect and a sum of `5000/- towards extra nourishment and miscellaneous expenses are awarded over and above the amount awarded by the Tribunal with interest @ 6% per annum from the date of the petition till the date of realization. 7. With the above modification in the quantum of compensation, the appeal is allowed in part. August 8, 2012 (M.JEYAPAUL) Gulati JUDGE