FAO No.6071 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6071 of 2010 (O&M) (in MACT No.27 of 2008) Date of Decision : 15.12.2011 Kamlesh .......Appellant Versus Mohinder Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Yogesh Saini, Advocate, for Mr. Pritam Saini, Advocate, for the appellant. Mr. Vivek Singal, Advocate, for respondent-National Insurance Co. Ltd. **** JITENDRA CHAUHAN, J. (ORAL) CM No.27319-CII of 2010 CM application allowed. Delay in filing the appeal is condoned. FAO No.6071 of 2010 The injured-appellant, Kamlesh, has approached this Court seeking enhancement of the compensation granted by the learned Motor Accident Claims Tribunal, Panipat, vide the impugned Award dated 23.01.2010. 1 FAO No.6071 of 2010 Brief facts of the case in hand are that on 29.01.2008 at 8.30 a.m., the injured-claimant Kamlesh, along with other passengers was going to Gohana, in a Jeep bearing No.HR-60C-0279. When they reached near Mehrana Petrol Pump on Gohana Road, a truck bearing No.HR-61-8619, being driven by the driver Mohinder Singh, respondent No.1, in a rash and negligent manner, came from the Gohana side and struck against the said Jeep. Due to the accident, 10 persons including the appellant herein, received multiple injuries whereas five other persons died on the spot. FIR No.37 dated 29.1.2008 under Sections 279, 304-A and 427 IPC was registered at Police Station Model Town, Panipat. In this background, fifteen separate claim petitions were preferred before the learned Tribunal, which were disposed of by a consolidated Award dated 23.01.2010. The appellant herein preferred claim petition No.27 of 2008 and was awarded compensation to the tune of `1,15,000/-. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. From the record, it is made out that the claimant-appellant suffered injuries on the different parts of her body including the head. She remained in the Intensive Care Unit of Prem Hospital, Panipat, from 29.01.2008 to 16.02.2008. Her CT scan was done which showed left thalamic contusion. She also suffered fracture of left clavicle bone. She was discharged from the hospital on 16.02.2008 and follow up treatment was also advised. From the disability 2 FAO No.6071 of 2010 certificate, Ex.P30/A, it emanates that the claimant suffered 25% permanent disability on account of the head injury. Although she was a labourer, but her skill to earn would substantially reduce on account of the injuries suffered in the accident. In view of the above, this Court feels that the ends of justice would be met in case an amount of `35,000/- is granted to the claimant-appellant under the head ‘loss of future income’. It is ordered accordingly. The appellant suffered 25% permanent disability on account of the injuries suffered by her in the accident. The learned Tribunal has award an amount of `40,000/- under the head ‘disability’. However, in view of the ratio laid down in 2008(2) RCR (Civil) 103, `2,000/- for each percentage of disability ought to have been awarded to the appellant. In this view of the matter, the amount of compensation under the head ‘disability’ is enhanced from `40,000/- to `50,000/-. As is evident from the record, the injured-Kamlesh, PW3, was removed from the spot to the Prem Hospital, Panipat, where she remained admitted for about 17 days. She was also advised follow up treatment. Therefore, she must have incurred expenses on account of transportation. Accordingly, this Court deems it appropriate to grant another amount of `5,000/- towards the head ‘transportation’. The amount of compensation awarded under all the other heads is just and appropriate. In view of the above, the injured-appellant is held entitled to an amount of `50,000/- as enhanced compensation, which shall be 3 FAO No.6071 of 2010 payable to him within a period of 30 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to the interest @ 9.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4