FAO No. 596 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 596 of 2010 (O&M) Date of decision : 7.5.2010 Sunder Lal ... Appellant vs Pawan Kumar and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Diwan S. Adlakha, Advocate, for the appellant. Rajesh Bindal J. This appeal has been filed by the claimant seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Yamna Nagar (hereinafter to be referred as “the Tribunal”). Briefly the facts as mentioned in the award of the learned Tribunal are that on 7.11.2007, Sunder Lal claimant along with his wife was coming in three wheeler. At about 1.00 p.m., when they reached in front of Dabkaur Sai Baba Peer, an auto rickshaw bearing registration no. HR-68- 7532, driven by respondent no. 1 in rash and negligent manner, came from the side of village Kot and hit the three-wheeler. In the said accident, the appellant sustained multiple injuries. He was taken to Goel Hospital, Jagadhri where he remained admitted upto 16.11.2007. A criminal case was registered against the driver of the offending vehicle. Petition filed by the appellant was allowed and he was granted a sum of Rs. 29,000/- as compensation for the injuries suffered by him. Still dissatisfied with the award of the learned Tribunal, he has approached this court for further enhancement of compensation. Learned counsel for the appellant while assailing the findings of the learned Tribunal submitted that the amount of compensation awarded by the Tribunal is on lower side. Further the compensation of Rs. 4,000/- granted by the learned Tribunal for the pain and suffering is not proper. It was submitted that the appellant remained admitted in Goel Hospital from 7.11.2007 to 16.11.2007. It was prayed that the compensation be enhanced under each head. FAO No. 596 of 2010 -2- Heard learned counsel for the appellant and perused the paper- book. A perusal of the impugned award shows that the appellant was granted amounts under different heads. He proved on record medical bills of Rs. 15,591/- and the same amount was granted by the Tribunal to him. He has not produced any proof of his income, still the learned Tribunal granted him Rs. 1,200/- for the period he remained admitted in hospital considering his income at Rs. 3,500/- per month. No doubt, the appellant has suffered pain due to the said accident, which cannot be compensated in terms of money. Still this court is bound by various principles laid down for determination of compensation in motor accident claims. The amount of compensation assessed by the learned Tribunal cannot be said on lower side. However, keeping in view the facts that he was remained hospitalised from 7.11.2007 to 16.11.2007 and thereafter could not work for some time, the appellant is granted further sum of Rs. 5,000/- on account of loss of income. The appeal is disposed of in the above terms. 7.5.2010 ( Rajesh Bindal) vs. Judge