In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 4171 of 2007 Date of decision: July 23, 2009 Rajesh Chauhan .. Appellant Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Ashwani Arora, Advocate for the appellant. Mr. Surender Kapoor, Addl. A.G. Punjab. A.N. Jindal, J This appeal is directed against the award dated 2.8.2007 passed by the Motor Accident Claims Tribunal, Chandigarh (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.41,300/-, however, interest @ 6% per annum was awarded from the date of institution of the claim petition till the date of payment on a sum of Rs.21,300/- and no interest was awarded on the amount of general damages i.e. Rs.20,000/-, on failing to pay the compensation within one month, the said amount would also carry interest at the aforesaid rate. Brief facts of the case are that Rajesh Chauhan met with road accident on 20.4.2004. He was 18 years old at the time of accident and was working as plumber. His monthly income was Rs.3000/-. He remained hospitalised w.e.f. 20.4.2005 to 5.5.2005. It has been further averred that the appellant suffered 10% disability; he had spent Rs.25,000/- on medical treatment and Rs.20,000/- on the special diet. Learned counsel for the appellant has prayed for modification of the award by enhancing the compensation. After the award was passed against State of Punjab, no appeal has been filed, thus, it would be deemed that the State has not challenged its liability. However, it has pleaded that the compensation is adequate. Having heard the rival contentions, compensation awarded to the claimant appears to be inadequate. The appellant remained admitted in the PGI for 15 days and remained confined to bed for 5-6 months in the F.A.O. No. 4171 of 2007 -2- *** house. He has spent Rs.20,000/- upon his treatment but was awarded only Rs.5246/-. Notwithstanding the fact that sufficient evidence has been led to prove actual medical expenses, but it is a matter of common experience that the expenses on treatment and medicines incurred by him for fifteen days could not be less than Rs.25,000/-. Even after he was discharged from the hospital, he still remained under treatment for seven months, therefore, some amount should have been awarded to him for future treatment. Due to shortening of leg, he has also loss to status in the society and his marriage prospectus as well as his earning capacity in future have also diminished. Consequently, this appeal is partly accepted and compensation awarded by the Tribunal is modified and I award compensation on the following heads :- 1. Medical Expenses Rs.25,000/- 2. Expenses on future treatment Rs.5,000/- 3. Loss of income for two months Rs.4,000/- 4. Pain and sufferings Rs.6,000/- 5. Special diet Rs.6,000/- 6. General damages Rs.20,000/- Total Rs.66,000/- The Tribunal also fell in error while not awarding interest on general damages. Thus, the appeal is partly accepted and the award is also modified to the extent that the claimant shall receive Rs.24,700/- over and above the award already passed along with interest @ 6% per annum on the enhanced amount from the date of filing of the petition till payment. He will also be entitled to interest at the same rate on the general damages of Rs.20,000/- from the date of petition till payment. July 23, 2009 (A.N. Jindal) deepak Judge