FAO No. 2372 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 2372 of 2009 (O&M) Date of decision : 15.3.2010 ... Sunil Kumar ................Appellant vs. Satpal and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. S.S. Walia, Advocate for the appellant Sh. V. Chaudhari, Advocate for respondent No. 6-Insurance company. ... K.C. Puri, J. (Oral) There is a delay of 43 days in filing the appeal and 230 days in re-filing the appeal. The same stands condoned on the grounds mentioned in the application. This is an appeal directed by Sunil Kumar claiming compensation on account of injury sustained by him in a motor vehicular accident. The learned Tribunal accepted the claim petition and allowed a sum of Rs.50,225/-. An amount of Rs.25,225/- was allowed in respect of actual expenses and another sum of Rs.25,000/- was FAO No. 2372 of 2009 -2- granted on account of pain and suffering, transportation, special diet etc. Liability to pay the said amount was restricted to the extent of 50% as that of respondent No. 1 Satpal-driver of jeep and Makhan – owner of the said jeep. The remaining 50% liability was held to be that of driver, owner and Insurance company of Tata-407 No.HR- 16/0501. Learned counsel for the appellant has submitted that appellant suffered dislocation of hip and there was fracture of both the arms and he remained admitted in the hospital from 11.4.2002 to 2.5.2002. No amount has been allowed by the Tribunal for loss of income during the period of hospitalization and thereafter. It is further contended that no amount has been allowed in respect of attendant. So, prayer has been made for enhancement of compensation. Counsel for the Insurance company has supported the judgment of the Tribunal and has submitted that amount has been rightly assessed by the Tribunal. There is no permanent disability, so the claimant is not entitled to enhancement of compensation. I have heard counsel for both the sides and have also gone through the record of the case. The Tribunal has assessed the actual expenses to the extent of Rs.25,225/-. There is no cross appeal in this regard. The Tribunal has also allowed Rs.25,000/- on account of pain and suffering, transportation and special diet etc. However, the Tribunal has not allowed any amount in respect of loss of income during the period of hospitalization and thereafter during recovery period and also has not FAO No. 2372 of 2009 -3- granted any amount in respect of attendant's charges. So, another amount of Rs.20,000/- is allowed in that regard. The enhanced amount of Rs.20,000/- shall carry interest @ 7% per annum from the date of appeal till its payment. Liability to pay the enhanced amount shall be the same as held by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 15.3.2010 Judge chugh