IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1814 of 2001 Date of decision: 21st November, 2008 Jagat Singh … Appellant Versus Subhash Chander and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. Suvir Diwan, Advocate along with Mr. S.P. Sharma, Dy. Manager (Legal), Oriental Insurance Company Ltd. for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present appeal has been filed by Jagat Singh son of Om Parkash. It is stated that on 1st March, 1999, Jagat Singh met with an accident with four-wheeler bearing No.HR-20GA/823 driven by Subhash Chander at village Rampura. He suffered multiple injuries. The accident was witnessed by Kuldip and Rajesh. The FIR (Ex.A-2) was recorded. Tata-407 vehicle bearing No.HR-20GA/823 was admittedly insured with Oriental Insurance Company Ltd. Motor Accident Claims Tribunal relied upon the testimony of Jagat Singh PW-6 and Kuldip eye witness PW-7 and held that they aspire confidence being trustworthy and it was held that accident occurred due to rash and negligent driving of the offending vehicle. Subhash also proved that he was possessing a valid driving license. Tribunal found that there FAO No.1814 of 2001 was 30 percent disability and medical bills (Ex.A-5 to A-31) amounted to Rs.39,500/-. It was also found that Jagat Singh aged 20 years suffered a limb in his walk. He also remained hospitalized for 15 days and could not appear in final examination of 10+2. Tribunal had awarded Rs.1,50,000/- along with interest @ 12 percent per annum from the date of filing of claim petition i.e., 21st April, 1999. No body is present on behalf of the appellant. Even no body was present at that time when appeal was admitted. I have heard Mr.S.P. Sharma, Deputy Manager (Legal), Oriental Insurance Company Ltd., who is appearing on behalf of the Insurance Company. He has stated that he will have no objection in case Rs.50,000/- in lumpsum is awarded in favour of the appellant. He has stated that this may be over and above Rs.1,50,000/- already awarded by the Tribunal along with interest. Tribunal had rightly taken into consideration 30 percent disability, medical bills, young age and the limb in the walk. Since marriage prospects have not been taken into consideration along with trauma, pain and agony, I find merit in the contention of Mr.Sharma and it will be just in case an amount of Rs.50,000/- more is awarded to the appellant. This will be besides the amount already awarded by the Tribunal. However, since Rs.50,000/- is awarded in lumpsum, this amount will not carry any interest. With these modifications present appeal is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE November 21, 2008 rps 2