FAO No. 3126 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH FAO No. 3126 of 2010 Date of Decision: 14.10.2011 Kailash ....Appellant Versus Shamsher Singh & others . ....Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sandeep Kumar Yadav, Advocate, for the appellant, Mr.Manoj K.Tanwar, Advocate, for respondent Nos. 1 & 2, Ms.Vandana Malhotra, Advocate, for respondent No.3. Mr. Sumit Sangwan, Advocate for the driver and owner. Mr.Suvir Dewan, Advocate for respondent No.7. ***** JITENDRA CHAUHAN J. (ORAL) C.M. No. 15240-41 of 2010 C.M. is allowed. Delay in filing the appeal is condoned. FAO No. 3126 of 2010 The instant appeal is directed against the award dated 05.12.2009, passed by the Motor Accident Claims Tribunal, Narnaul, (for short 'MACT'), seeking enhancement. The learned Tribunal awarded as compensation, Rs.2,22,000/- under various heads (Rs. 1,40,000/- for disability, Rs. 15,000/- for pain and suffering, Rs.47,000/- for medical expenses and Rs. 20,000/- for healthy diet and transportation). FAO No. 3126 of 2010 2 The appellant was 44 years of age at the time of accident. As per the Medical Certificate issued to the appellant he suffered 70% permanent disability. Keeping in view the above this Court feels that compensation awarded under the head 'pain and suffering' and 'loss of future earning' is inadequate. Accordingly, the compensation awarded under the heads of 'pain and suffering' and 'loss of future earning' is increased from Rs.15,000/- to Rs. 40,000/-. Thus, the total amount enhanced comes to Rs.25,000/-. Against all other heads, an adequate and reasonable compensation has been awarded. To that extent, the award passed by the learned Tribunal is maintained. The appeal is partly allowed in the manner and proportion indicated by the learned Tribunal and award of Ld.Tribunal is modified to the extent indicated above. The enhanced amount of Rs.25,000/- shall be payable within 45 days from the date of receipt of copy of this judgment. In case enhanced amount is not paid within stipulated period, it shall carry interest at the rate of 6 % per annum from the date of filing of the appeal till it is paid. 14.10.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No