FAO No.581 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.581 of 2011 (O&M) Date of decision: 9.9.2011 Tarlok Singh ...Appellant(s) Versus Lakhwinder Singh and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.B.S.Dhillon, Advocate for the appellant. Mr.Karamjit Verma, Advocate, for respondent No.2. Mr.Vinod Gupta, Advocate, for respondent No.5. Mr.Binny Thomas, Advocate, for respondent No.6. -.- JITENDRA CHAUHAN, J. CM No.1787-CII of 2011 Notice in the application was issued on 29.8.2011. However, reply to the application has not been filed. In view of the averments made in the application, the delay of 160 days in filing the appeal is condoned subject to all just exceptions. Main case The claimant-appellant through the instant appeal is seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Hoshiarpur (for short `the Tribunal) vide award dated 19.2.2010, on account of injuries suffered by him in a motor vehicular FAO No.581 of 2011 (O&M) 2 accident. The facts leading to the present appeal are that on 19.10.2005, while the claimant/appellant was travelling as a passenger by bus, bearing registration No.PB-08-AN-4251, owned by respondent No.3-Kartar Bus Limited from Jalandhar to Talwara met with an accident with a Truck bearing registration No.PB-10H-9375 (for short `the offending vehicle). As a result of which, the claimant/injured suffered multiple injuries. In the claim petition, he took the stand that the alleged accident caused due to the rash and negligent driving of respondent No.2. After considering the evidence on record and hearing both the parties, the learned Tribunal awarded the compensation to the claimant to the tune of `2,33,166/-. Feeling aggrieved against the impugned award of the learned Tribunal, the present appeal has been preferred for modification/enhancement of the compensation. Learned counsel for the appellant has submitted that keeping in view the injuries suffered by the appellant, the amount of compensation awarded by the Tribunal is not adequate. He has further submitted that on account of the injuries, the appellant had to seek premature retirement and no amount has been paid to compensate him for the said loss. The appellant had three years more to be in service. On the other hand, learned counsel for respondent No.5 submits that total bills furnished by the appellant amounting to `2,12,236/- have been reimbursed. He further submits that as against 50% disability, an amount of `1 lac has been paid. It is further pointed out that `20,000/- has been awarded towards pain and suffering, `10,000/- against the head special diet, `5,000/- FAO No.581 of 2011 (O&M) 3 under transportation charges and `2,000/- towards attendant charges have been awarded, which are adequate keeping in view the facts of the present case. I have heard the learned counsel for the parties and perused the case file. From a perusal of the case file, I feel that just and adequate compensation has been paid to the claimant towards all the heads except pain and suffering and attendant. The injured-appellant suffered multiple injuries including the head injury, fracture of femur right side. He remained admitted in the hospital for about 10 days. As per the nature of injuries, the appellant must have remained in continuous pain and suffering and was required repeated medical treatment, special care and help. In view of the said facts, I feel that the compensation awarded by the Tribunal towards the heads pain and suffering and attendant is not just, reasonable and adequate. However, the learned Tribunal rightly awarded compensation to the tune of `1 lac against disability. There is nothing on record, which suggests that he was forced to seek voluntarily retirement on account of injuries sustained by him. Keeping in view the age of the appellant, period of hospitalisation, nature of injuries and extent of disability, I deem it appropriate to grant an additional amount of `10,000/- against the heads `Pain and Suffering' and `8,000/- against the head `Attendant', which would meet the ends of justice. The enhanced amount i.e. ` 18,000/- shall be paid within 45 days by the respondents as the manner indicated in the impugned award. In case the enhanced amount is not paid within the stipulated period, the same shall carry interest @7.5% per annum. FAO No.581 of 2011 (O&M) 4 In view of above, the present appeal is partly allowed with the modification indicated above. 09.09.2011 (JITENDRA CHAUHAN) mks JUDGE