FAO No.1584 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1584 of 2011 Date of Decision : 09.11.2011 Raj Kumar alias Balraj .......Appellant Versus Bhupesh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Randeep Singh, Advocate, for the appellant. Ms. Vandana Malhotra, Advocate, for the respondent-Insurance Company. **** JITENDRA CHAUHAN, J. (ORAL) The injured-claimant, Raj Kumar alias Balraj, has preferred the instant appeal seeking enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal Karnal, vide Award dated 10.08.2010. Briefly stated facts of the present case are that on 22.11.2008, Raj Kumar alias Balraj, the claimant, along with Amarjeet, was going from Sham Medical Store to Sector 12, Karnal, on Honda Shine motorcycle bearing No.HR-05-S-8091, being driven by Amarjeet. When he started turning his 1 FAO No.1584 of 2011 motorcycle towards the side of Kalyan Filling Station, Sector 12, Karnal, a Santro car bearing No.HR-36-J-0039, being driven by its driver, Bhupesh, respondent No.1, in a rash and negligent manner, suddenly came from the side of Sector 14, and hit against the motorcycle. Resultantly, the claimant sustained injuries on his right leg, right shoulder and right arm. The injured was removed to the Mahabir Dal Hospital, Karnal. FIR No.653 dated 01.12.2008, was registered at Police Station Civil Lines, Karnal. In this background, the injured-claimant preferred a claim petition claiming compensation to the tune of `10,00,000/- on account of the injuries suffered by him. The learned Tribunal, vide the impugned Award, granted a sum of `1,96,900/- to the claimant. Enhancement of compensation has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. A perusal of the record reveals that the claimant- injured was 19 years of age at the time of the accident. It has been averred that he was working as a Salesman in a Medical Store at Karnal and earning `6,000/-. However, in the absence of any documentary proof, the learned Tribunal disbelieved the claimant with regard to his assertion of monthly income and did not grant any compensation on account of ‘loss of income’. However, this Court feels that the ends of justice would be met in 2 FAO No.1584 of 2011 case the monthly income of the injured is assessed at `4,000/- per month. I order accordingly. After the accident, he was removed to the Mahabir Dal Hospital, Karnal, from where he was referred to the PGIMER, Chandigarh, where he remained admitted for 45 days and he was operated upon twice. He also suffered fracture. As per the disability certificate, Ex.P83, the claimant suffered 25% disability on account of operation of right leg bone and vascular injury of right leg and foot. Taking into consideration the aforesaid facts, it can safely be inferred that the injured-claimant must have remained bed-ridden for a period of 6 months and must have suffered loss of income for that period. In view of the above discussion, I deem it appropriate to grant an amount of `24,000/- (`4,000/- X 6), against the head ‘loss of income’. Considering the nature of injuries, period of hospitalization, the need for post-operative care and the follow-up treatment, another amount of `5,000/- is awarded to the injured- claimant towards the head ‘transportation’. In this manner, the appellant is held entitled to a sum of `29,000/- 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 period stipulated above, he shall be further entitled to interest @ 3 FAO No.1584 of 2011 7.5% p.a. from the date of filing the present appeal, till its realization. Accordingly, the present appeal is partly allowed and the Award dated 10.08.2010 of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 09.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4