In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.264 of 2009 (O&M) Date of decision: October 13, 2009 Kulwinder Singh @ Nitu .. Appellant Vs. Jasvir Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. G.C. Shahpuri, Advocate for the appellant. Mr. Pardeep Goyal, Advocate for the respondent No.3. A.N. Jindal, J The award dated 4.10.2008 passed by the Motor Accident Claims Tribunal, Yamuna Nagar, awarding compensation to the tune of Rs.2,01,000/- along with interest @ 7.5% per annum in favour of the claimant-appellant (herein referred as the appellant) has been challenged on the ground of inadequacy. The claimant suffered 20% disability and remained confined to bed for 11 months. The Tribunal fell in error while inadequately awarding compensation for pain and sufferings, permanent disability, attendant charges, special diet, loss of income and transportation. In order to prove his sufferings, the claimant himself stepped into the witness box as PW-10 and deposed that in the month of May, 2007, he was operated upon for the injuries on his left leg and throat. A rod was inserted in his left leg and later on, he was again admitted in the hospital for removal of the rod. He pleads that he has not fully cured so far and he is unable to do his daily pursuits due to the incapacity suffered by him. Dr. Vandana (PW8) has testified that after the accident, the claimant was admitted in Dr. Gaba's hospital on 1.1.2006 with the alleged history of road side accident. According to her the claimant was operated upon for injury No.1, interlock nailing and bone grafting was done and he was discharged on 19.1.2006. He was again admitted on 7.5.2006 for removal of screw and then discharged on 8.5.2006. The claimant has deposed that he remained confined to bed at his house for the remaining F.A.O. No.264 of 2009 -2- *** period. The record reveals that he remained admitted in the hospital for 11 months and suffered 20% disability. However, the Tribunal did not take stock of the said situation and awarded a meager amount on account of pain and sufferings, permanent disability, attendant charges, nutritious diet, loss income and transportation. Notwithstanding the fact that the claimant cannot be restored his natural life and could not relieved of his continuous pain and suffering, he could be materially compensated by enhancing the amount as under :- 1. Medical expenses Rs.1,38,000/- 2. Pain and sufferings Rs.20,000/- 3. Permanent disability Rs.40,000/- 4. Attendant charges Rs.10,000/- 5. Nutritious diet Rs.5,000/- 6. Loss of income Rs.28000/- 7. Transportation Rs.10,000/- Total Rs.2,51,000/- The amount already awarded by the Tribunal Rs.2,01,000/- Enhanced amount Rs.50,000/- Resultantly, I partly accept the appeal, modify the award and enhance the compensation to the tune of Rs.50,000/- over and above the award amount along with interest at the same rate as awarded by the Tribunal. No orders as to costs. October 13, 2009 (A.N. Jindal) deepak Judge