FAO No.1857 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1857 of 2011 Date of Decision : 15.11.2011 Hari Kishan .......Appellant Versus Shri Parkash and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.A. Sheoran, Advocate, for the appellant. Ms. Vandana Malhotra, Advocate, for respondent No.3-Insurance Company. **** JITENDRA CHAUHAN, J. (ORAL) The present appeal has been preferred by the injured- claimant, Hari Kishan, seeking enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Bhiwani, vide Award dated 12.11.2010. Briefly stated facts of the present case are that on 06.02.2008, the appellant along with his co-villagers, namely, Anand and Ved Parkash, was going in a Pick-up Jeep bearing No.HR-63- A/2580, from the bus stand, Village Chiriya, to Dadri. When they reached Village Makrani, the driver of the Jeep stopped the vehicle for taking passengers. In the meantime, a Max Jeep bearing No.HR- 1 FAO No.1857 of 2011 25B/4028, which was being driven in rash and negligent manner by the driver, respondent No.1, struck against the stationary vehicle boarded by the appellant. Due to the accident, the appellant suffered injuries. Prior to that, the offending vehicle also hit one Tata Ace vehicle bearing No.HR-19E/0712, and the passengers of this vehicle also suffered injuries. FIR No.39 dated 06.02.2008, was registered against the driver under Sections 279/337 IPC, at Police Station, Sadar Dadri. The appellant preferred claim petition seeking compensation on account of the injuries suffered by him in the aforesaid accident. The learned Tribunal, vide the impugned Awarded, granted a sum of `12,000/- as compensation. Aggrieved therefrom, the appellant is in appeal before this Court. The learned counsel for the appellant contends that it is not disputed that the appellant suffered fracture of the right leg in the accident. Further, his admission in the hospital is also not disputed. However, the appellant being an illiterate person, could not retain the bills and prescriptions by the doctor during the hospitalization and the post-operative period. The accident took place in the area of Village Chiriya, Tehsil Charkhi Dadri. He was removed to the hospital and after discharge, visited the hospital a number of days thereafter for follow up and post operative treatment. Therefore, the learned counsel contends that the amount awarded on account of pain and suffering is also on the lower side. On the other hand, the learned counsel for the respondent-Insurance Company has prayed for dismissal of the appeal. 2 FAO No.1857 of 2011 I have heard the learned counsel for the parties and gone through the record. The fact of the appellant suffering fracture and remaining hospitalized is not disputed. In view of the same, it can be presumed that the appellant must have incurred expenses for the treatment during the post-operative period. Therefore, the amount of compensation deserves to be enhanced on account of treatment and transportation. This Court feels that ends of justice would be sufficiently met if another amount of ` 10,000/- is awarded towards the head ‘medical expenses and transportation’ over and above the amount already granted by the learned Tribunal. It is ordered accordingly. Furthermore, in view of the fracture of two bones of the right leg, the amount paid towards the head ‘pain and suffering’ is also inadequate. Accordingly, the same is increased from `10,000 to `15,000/-. The learned Tribunal has not awarded any compensation towards the head ‘attendant charges and special diet’. Therefore, an amount of `10,000/- is granted under this head. In view of the above, the appellant is held entitled to an amount of ` 25,000/- as enhanced compensation, which shall be payable to him within a period of 45 days from the date of receipt of certified copy of this judgment. In case the aforesaid amount is not paid within the stipulated period, the appellant shall also be entitled to interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. 3 FAO No.1857 of 2011 The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 15.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4