F.A.O.No. 1469 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 1469 of 2008 Date of Decision : 9.12.2008 Pardeep Sharma ....Appellant Versus Surinder Singh alias Chhinda and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Kulwant Singh Dhanora, Advocate for the appellant. Mr. Paul S.Saini, Advocate for respondent No.3. ... MAHESH GROVER, J. This appeal by the claimant is directed against the award of the Motor Accident Claims Tribunal, Kurukshetra dated 5.11.2007 The appellant in an accident which took place on 8.1.2006 suffered fracture of both the bones of left leg besides injuries on the ankle and right leg. Ex.P4 is the disability certificate issued by the Medical Board headed by the Civil Surgeon of L.N.J.P.Hospital, Kurukshetra by which the permanent disability was established as 11% and it was established that due to the limitation of movements of left knee and limitation of movements of right ankle the aforesaid disability has occurred. The Tribunal awarded the compensation under the following heads :- F.A.O.No. 1469 of 2008 -2- i) For treatment Rs.20,200/- ii) For pain, suffering and special diet etc. Rs.5,000/- iii) For disability Rs.25,000/- Learned counsel for the appellant states that the aforesaid amount is inadequate. After hearing the learned counsel for the appellant, I am of the opinion that the award deserves to be modified. There is evidence on record that the appellant was immobilized for almost 9 months as per his claim. This claim cannot be accepted. But considering the nature of injuries it would be expected that for at least six months he would have been immobilized. He has also claimed that he was earning Rs.7,000/- per month but there is no proof on record regarding this income. In my opinion it would be just and appropriate if his income is assessed at Rs.3,000/- per month which even a labourer would be earning. In this manner the loss of income is assessed at Rs.18,000/-. An amount of Rs.5,000/- is awarded on account of transportation charges, etc. The award of rest of the amounts does not warrant any interference. Thus, the appellant is held entitled to the compensation of Rs.73,200/-. The enhanced amount of compensation shall be paid along with interest @ 9% per annum from the date of filing of the petition till the date of its realisation. The liability to satisfy the award shall be the same as has been determined by the Tribunal. With the aforesaid modification in the impugned award, F.A.O.No. 1469 of 2008 -3- the appeal stands disposed of. 9.12.2008 (MAHESH GROVER) JUDGE dss