F.A.O.No. 1541 of 1995 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 1541 of 1995 Date of decision : 24.9.2008 Sonu ....Appellant Versus Satyawan and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.B.R.Gupta, Advocate with Mr. Ravi Kamal Gupta, Advocate for the appellant. Mr. Ravinder Arora, Advocate with Mr.Neeraj Khanna, Advocate for respondent No.3. ... MAHESH GROVER,J. (Oral) This appeal is directed against the award of the Motor Accident Claims Tribunal, Hisar dated 24.3.1995. The claimant, who is the appellant herein was awarded a sum of Rs.65,000/- for the injuries that he had sustained in the accident. PW1 Dr.R.C.Bhutani testified before the Tribunal that the appellant had suffered 35% permanent disability on the part of his right arm and left hand and his report to that effect is Ex.P1. He also testified that the appellant had suffered injury on the right elbow with F.A.O.No. 1541 of 1995 -2- limitation on movements at right elbow joint with weakness of left thumb and index finger. In cross-examination, he further testified that the weakness of the left thumb and left index finger was because of the head injury and there are no chances of its improvement. Dissatisfied with the award of the Tribunal, the appellant has questioned the award and has prayed for enhanced amount of compensation. After hearing the learned counsel for the appellant and perusing the award, I am of the considered opinion that the amount of compensation awarded to the appellant is grossly inadequate. Concededly, the appellant suffered 35% permanent disability and applying the principle of compensation to be adopted in the cases of permanent disability, i.e. Rs.2,000/- per percentage, the amount under this head comes to Rs.70,000/-. Nothing has been awarded on account of medical expenses even though the appellant has produced medical bills Exs.P2 to P34 showing a total of Rs.26,691.92. Accordingly, he is also held entitled to the said amount which is further rounded off as Rs.27,000/-. PW1 Dr. Bhutani has opined that it was because of the head injury that the hand of the appellant had been disabled. The appellant was a young boy of 14 years when the accident occurred and as a result of the injuries apparently his pursuit of studies and other normal activities would have been impaired significantly. This Court is of the considered opinion that an amount of Rs.50,000/- shall be adequate for the pain and suffering undergone by the appellant. F.A.O.No. 1541 of 1995 -3- In this manner, the total amount of compensation works out to Rs.1,47,000/- to which the appellant shall be entitled to. The enhanced amount of compensation shall be paid to the appellant along with interest @ 9% per annum from the date of filing of the petition till the date of realisation. The liability to satisfy the award shall be the same as has been determined by the Tribunal. With the aforesaid modification in the award, the appeal stands disposed of. 24.9.2008 (MAHESH GROVER) JUDGE dss