F.A.O. No.1692 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No.1692 of 2011 (O&M) in M.A.C.T. No.75 of 2008 Date of Decision: November 18, 2011 Jai Bhagwan minor ... Appellant Versus Rajender and others .... Respondents CORAM : HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Manoj K. Tanwar, Advocate for the appellant. Mr. Mukesh Yadav, Advocate for respondent No.1. Ms. Savita Tanwar, Advocate for Ms. Vandana Malhotra, Advocate for respondent No.3-Insurance Company. * * * * JITENDRA CHAUHAN, J. (oral) The injured-claimant has preferred this appeal seeking enhancement in the amount of compensation granted by the learned Motor Accident Claims Tribunal, Narnaul, vide impugned Award dated 05.08.2010. Brief facts of the case in hand are that on 10.10.2007, claimant Jai Bhagwan, minor son of Kishori Lal was returning from Jatwas Mor on his cycle. At about 6.00-6.15 p.m., a motorcycle bearing registration No.HR-34B-8084 came from behind. That motorcycle, which was being driven rashly and negligently by respondent No.1-Rajender, hit the cycle of claimant from behind. The appellant-claimant suffered multiple injuries in the the accident and was shifted to Govt. Hospital, Mohindergarh. He was discharged from the hospital after first aid treatment. Afterwards, the F.A.O. No.1692 of 2011 (O&M) - 2 - appellant-claimant received medical treatment from Saumya Nursing Home, Mohindergarh and other private hospitals. FIR No.302 dated 10.10.2007 was registered against the respondent No.1 regarding the accident under Sections 279 and 337 IPC at Police Station Mohindergarh. In this background, the appellant-claimant preferred claim petition before the learned Tribunal seeking compensation. The learned Tribunal, vide Award dated 05.08.2010, awarded a sum of Rs.9,000/- to the appellant-claimant. Aggrieved therefrom, the appellant has preferred this appeal seeking enhancement. I have heard learned counsel for the parties and perused the record. The appellant, who was aged 14 years, was a student of 10th standard and suffered fracture of elbow. From the perusal of the Award, it is made out that no amount has been paid to the loss of studies to the appellant-claimant and the amount paid on account of pain and suffering as well as special diet are also inadequate. Accordingly, this court feels that the ends of justice will be met in case an amount of Rs.5,000/- on account of 'pain and suffering' and Rs.5,000/- on account of 'special diet' is granted over and above the compensation already granted under these heads by the learned Tribunal. The enhanced amount of Rs.10,000/- shall be payable to the claimant within a period of 45 days from the date of receipt of certified copy of this judgment, failing which, he shall further be entitled to interest @ 7.5% from the date of filing the appeal., till its realisation. The present appeal is partly allowed and the Award of the learned Tribunal dated 05.08.2010, is modified to the extent indicated above. (JITENDRA CHAUHAN) November 18, 2011 JUDGE sarita F.A.O. No.1692 of 2011 (O&M) - 3 - Note: Whether to be referred to reporter? Yes/No