FAO No.186 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO No.186 of 2010 (O&M) Date of decision:- 23.08.2011 Om Parkash ....Appellant Vs. Rajesh Phutila and another ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Jamshed Ahmed, Advocate, for the appellant. Mrs. Shamsher Kaur, Advocate, for respondent No.2-Insurance Company. Mr. P.S. Jammu, Advocate, for the owner. ***** A.N. JINDAL, J (ORAL) CM No. 1281-CII of 2010 In view of the averments mentioned in the application, same is allowed and delay of 67 days in filing of the appeal is condoned. FAO No.186 of 2010 This appeal preferred by the injured-appellant Om Parkash is against the judgment dated 04.03.2009 passed by the Motor Accident Claims Tribunal, Gurgaon, awarding a compensation to the tune of Rs.40,000/- along with interest at the rate of 7.5% per annum from the date of institution of the petition FAO No.186 of 2010 (O&M) 2 till realisation. Though, as per opinion of the doctor, disability of the injured was to the extent of 30%, but during cross-examination Dr. Subhash Sindhu (PW-1) stated that there are chances of dilution of disability by 4 to 5%. In any case, appellant stands already compensated by the Tribunal on account of the disability suffered by him. As regards enhancement of compensation, on perusal of the impugned judgment, it transpires that Rs.25,000/- was paid for the disability, Rs.10,000/- for pain & suffering and Rs.5000/- for transportation, but nothing was paid on account of medical expenses incurred and to be incurred; reduction of efficiency to work, food and attendant. Though no definite evidence has been led in that regard, yet some guess work could be made. In these circumstances, this appeal is partly accepted and the impugned judgment is modified to the extent that the appellant would be entitled to Rs.20,000/- more (in addition to the amount awarded by the Tribunal) along with interest at the rate of 7.5% per annum from the date of the application till realization. (A.N.JINDAL) 23rd of August, 2011 JUDGE ajp