FAO No. 1173 of 1987 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1173 of 1987 Date of decision 1.2.2010. Narinder Singh ...... Appellant. versus Punjab State and others ...... Respondents. Present : Mr. Hitesh Pandit, Advocate for the appellant. Mr. Sudhir Nehra, Addl. Advocate General, Punjab for the respondents. K.C.PURI. J. Narinder Singh son of Gurdev Singh has filed claim petition claiming Rs.1,25,000/- on account of injuries sustained by him in the accident. As per allegations of the claimants on 24.9.1985 claimant was travelling in bus No.PJG-1926 of Punjab Roadways Hoshiarpur Depot for going to his village Purkhali via Ropar. The said bus was going from Hoshiarpur to Chandigarh. Narinder Singh claimant was to go Ropar for going to village Purkhali when the said bus reached near village Paniali Kalan, another bus bearing registration No.PBE 4192 of Punjab Roadways, Tarn Taran Depot came from opposite direction and on account of head on FAO No. 1173 of 1987 2 collusion, the claimant received multiple injuries and became unconscious and he was admitted in Nursing Home. The Tribunal after deciding all the issues held that the claimant is entitled to claim Rs.8000/- on account of injuries sustained by him in the accident. The claimant has preferred the present appeal for enhancement. Since the only question of quantum of compensation has been argued and as such the other facts are not being discussed. Learned counsel for the appellant has submitted that appellant remained admitted in Parmar Nursuing Home, at Ropar from 24.9.1985 to 26.9.1985 as proved by Dr.R.S.Parmer, (AW-1) and Dr.Anil Gupta, (AW- 2) Surgical Specialist, Civil Hospital, Ropar has proved the fact that claimant remained admitted in the hospital from 30.9.1985 to 9.10.1985 and claimants suffered fracture of both bones of right leg. The claimant remained without pay on leave for three months and on half pay leave for one and half months. The Tribunal has granted only Rs.3000/- on account of medical expenses and Rs.5000/- on account of pain and sufferings. That amount is on lower side on account of injuries sustained by the claimant. The learned State counsel has supported the judgment of the Tribunal and has submitted that the Tribunal has rightly assessed the amount of compensation. I have heard both the learned counsel for the parties and have gone through the records of the case. The claimant has produced on the file the pay certificate in which his carry home salary has been mentioned as more than Rs.1000/-. The Tribunal has not assessed any amount in respect of transportation FAO No. 1173 of 1987 3 charges, special diet during the period of hospitalization and thereafter. Claimant suffered fracture. So, in these circumstances the amount of Rs.5000/- regarding pain and sufferings is also on lower side. No amount regarding loss of income has been granted. So, the claimant is held entitled to claim Rs.3000/- on account of loss of income and the amount regarding pain and suffering stands enhanced to Rs.9000/-. In this manner, the claimant is held entitled to claim Rs.15,000/- on account of injuries sustained by him in the accident. So, in these circumstances, the appeal stands partly accepted. The claimant is held entitled to claim Rs.7000/- more in addition to the amount awarded by the Tribunal along with interest @ 7% per annum from the date of appeal till realization. The liability of the respondents shall be same as already ordered by the Tribunal. A copy of this judgment be sent to the trial Court for strict compliance. ( K.C.PURI ) JUDGE February 01 , 2010 sv