FAO No. 4972 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4972 of 2009 (O&M) Date of decision : 7.4.2010 ... Deepak minor through Rajesh Sharma ................Appellant vs. Bhupinder Singh and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. R.S. Mamli, Advocate for the appellant Sh. Subhash Goyal, Advocate for the Insurance company. ... K.C. Puri, J. (Oral) Reply to the application for condonation of delay not filed. The delay of 15 days in filing the present appeal stands condoned on the grounds mentioned in the application. This is an appeal directed by Deepak – injured/claimant for enhancement of compensation in respect of injuries sustained by him in a motor vehicular accident. Learned Tribunal after appraisal of the evidence on the file, accepted the claim petition and granted an amount of Rs.1,40,000/-, the detail of which is given as under:- FAO No. 4972 of 2009 -2- 1. Expenses of medicines and special diet - Rs.90,000/- 2. Pain and sufferings - Rs.10,000/- 3. Permanent disability - Rs.40,000/- Learned counsel for the appellant has submitted that no amount has been granted in respect of loss of marriage prospectus, transportation, future expenses and attendant. He has further contended that no amount has been granted in respect of removal of implant which has been planted during the course of surgery. So, prayer has been made for grant of compensation under these heads. The prayer has been opposed by the counsel for the Insurance company. It is submitted that the amount awarded to the claimant is already on higher side. As per the evidence on the file, the claimant remained admitted in a private hospital from 10.1.2008 to 15.2.2008. During this period he underwent operation as open reduction and internal fixation of both the fractures of leg and arm were done. The claimant has suffered head injury and there was effused cerebral edema, as per CT Scan. Transfusion of one unit of blood was also there. There is permanent disability to the extent of 12% also as per the opinion of the doctor. So, in these circumstances, the amount of Rs.10,000/- granted in respect of pain and suffering is on lower side. The said amount stands enhanced to Rs.25,000/- A sum of Rs.10,000/- stands allowed on account of transportation and another sum of Rs.20,000/- stands allowed on account of loss of marriage prospectus and loss of amenities of life. Another sum of Rs.15,000/- stands allowed on account of removal of implant. So, in this manner, the claimant is FAO No. 4972 of 2009 -3- held entitled to claim Rs.60,000/- more in addition to the amount awarded by the Tribunal. The enhanced amount of compensation shall also carry interest @ 7% per annum from the date of filing of appeal till payment. The liability to pay the enhanced amount shall be the same as awarded by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 7.4.2010 Judge chugh