F.A.O. No.2238 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** F.A.O. No.2238 of 2008 Date of Decision:21.10.2008 Gulab Singh .....Appellant Vs. Iqbal Singh and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. R.S. Rangpuri, Advocate for the appellant. **** HARBANS LAL, J. This appeal is directed against the award dated 29.11.2007 passed by the Motor Accident Claims Tribunal, Muktsar for enhancement of the compensation amount. The brief facts are that on 21.3.2006, the claimant- appellant along with his brother- Surjit Singh was coming from Ferozepur towards Muktsar on Scooter No.PB-05C-7703 mark Chetak Bajaj. At about 11:40 a.m., when they neared Haddan-rori (store for dead animals) in the area of Village Udekaran then some stray cows came on the road upon which Gulab Singh, claimant applied the brakes. At that time, Bus No.PB-30-C-3578 being driven by Iqbal Singh- respondent struck against the scooter and they both fell down. The accident was caused due to the rash and negligent driving of Iqbal Singh- respondent. The claim of compensation was resisted by the respondents. After hearing the learned counsel for the parties and examining the evidence on record, the learned Tribunal awarded Rs.20,000/- in all as compensation together with interest at the rate of Rs.9% per annum from the F.A.O. No.2238 of 2008 -2- date of award till actual payment. Feeling aggrieved therewith, the appeal has been preferred. I have heard learned counsel for the appellant- claimant. Mr. R.S. Rangpuri, Advocate appearing on behalf of the appellant strenuously urged that the learned Tribunal has gravely erred in granting very lesser amount of compensation vis-a-vis, the loss suffered by the claimant and that being so, this amount is liable to be enhanced. I have well considered these submissions. The learned Tribunal has observed as under:- “Then for the purpose of assessing compensation in this case, medical bills Ex.CW6/1 to CW6/11 and Ex.CW7/1 to CW7/10 are found to be relevant. The amount of these bills approximately comes to Rs.14,000/-. So far as the bills which are marked by the claimant and have been produced the same on record, could not be read into evidence for the reason that the originals thereof have been exhibited on the record and also to avoid duplicacy. Another sum of Rs.2000/- is granted to the claimant as conveyance charges for attending the doctor with regard to his medical treatment and check up. Further, he is granted another sum of Rs.2000/- on account of mental and physical pains etc. etc. He is also granted a sum of Rs.2000/- with regard to the loss of work, if any. So, in this way, the total amount of compensation to which the claimant is held to be entitled comes to Rs.14000/-, +2000/-, +2000/-, +2000/- =20,000/- (twenty thousand only). The respondents are liable to pay the abovesaid amount to the claimant. Hence, this issue F.A.O. No.2238 of 2008 -3- is accordingly decided in favour of the claimant and against the respondents” It is apparent on the face of the above findings that no interference is warranted therein. Admittedly, the entire amount spent on the charges of medicines etc., is included in the above-mentioned amount of compensation. Obviously, the compensation has also been allowed on other requisite heads. Thus, this appeal being devoid of any merit is dismissed in limine. October 21, 2008 ( HARBANS LAL ) renu JUDGE