FAO No.5025 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5025 of 2010 (O&M) ( in MACT No.142 of 2008) Date of decision: 21.11.2011 Mukesh Kumar ...Appellant Versus Sumit Kumar and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Anil Kshetarpal, Advocate for the appellant. Mr.T.K.Joshi, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) Application for condonation of delay Despite notice, no reply has been filed by the respondents. Keeping in view the averments made in the application, delay of 104 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No.5025 of 2010 The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Yamunanagar at Jagadhri (for short 'the Tribunal'), vide award dated 20.8.2009, on account of the injuries received by him in an accident on 9.2.2008. It has been contended by the learned counsel for the appellant that the appellant suffered 8% disability in the fateful accident, which FAO No.5025 of 2010 (O&M) 2 occurred on 9.2.2008. He further stated that the appellant remained admitted from 9.2.2008 to 23.2.2008. Due to fracture of shaft femur with thigh, he was operated upon. He further stated that the appellant was granted a sum of `10,000/- towards permanent disability, `29,951/- medical expenses, `12,000/ towards pain and sufferings, `2000/- towards attendant charges, `1500/- towards transportation charges, `3000/- towards special diet, in all `58,450/-, which is inadequate. No amount has been awarded towards loss of marriage prospects and loss of future income. Learned counsel for the respondent-Insurance Company contends that the compensation awarded by the learned Tribunal is just and adequate and therefore, there is no scope for any further enhancement. I have heard learned counsel for the parties and perused the record carefully. It is admitted fact that the appellant suffered injuries in the alleged accident. The appellant was a 15 years of young boy at the time of accident. As per medical record, he remained hospitalised from 9.2.2008 to 23.2.2008. Having fracture of shaft femur with thigh, he was operated upon and nailing was done. As per the disability certificate, the appellant suffered permanent disability to the extent of 8 %. He suffered a lot of pain and sufferings. Therefore, the amount awarded by the learned Tribunal is on the lower side. The disability suffered by him would definitely affect his marriage prospects and future earning prospects. Keeping in view the facts and circumstances, the compensation is enhanced to the extent as under:- 1. Marriage prospects `25000/- 2. Loss of future income `25,000/- 3. Permanent Disability 8% `16,000/- FAO No.5025 of 2010 (O&M) 3 4. Special diet, transportation, attendant another `10,000/- 5. Pain and sufferings total `25,000/- _________________ Total `1,01,000/- ___________________ The medical expenses i.e. `29,951/-, which are proved on record, have already been awarded to the appellant. Accordingly, the enhanced amount i.e. `79,000/- (25,000+ 25000 + 6000 + 10,000 + 13000) shall be paid to the appellant in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 21.11.2011 (JITENDRA CHAUHAN) gsv JUDGE