In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 389 of 2009 Date of decision: October 13, 2009 Raj Kishan .. Appellant Vs. Joga Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. R.S. Mamli, Advocate for the appellant. Mr. Neeraj Khanna, Advocate for the respondent No.3. A.N. Jindal, J This appeal is directed against the order dated 10.11.2008 passed by the Motor Accident Claims Tribunal, Kurukshetra (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.41,500/- for the injuries suffered by Raj Kishan appellant-claimant (herein referred as 'the claimant'), which resulted into 20% disability in a motor vehicular accident. The respondents have neither challenged the negligence nor the liability to pay the compensation. However, the claimant has sought enhancement on the ground that the Tribunal did not take note of the permanent disability and awarded a meager sum of Rs.12,000/- on account of permanent disability, Rs.7000/- on account of pain and sufferings, and Rs.22,000/- for treatment. Nothing was paid for expenses on transport, special diet, attendant charges and future treatment. Before I lay my hands to determine the compensation, I need to reiterate the medical evidence. In this regard Dr. Suresh Bhola (PW2) of Bhola Hospital, has deposed that the claimant remained hospitalised w.e.f. 19.9.2005 to 5.10.2005 on account of road side accident. He x-rayed the injuries conducted investigation and found fracture of L-2 vertebra for which treatment was given during his sixteen days stay in the hospital. He paid Rs.85,000/- on account of charges as per final bill Ex.P-1. He proved copy of the medico legal report Ex.P-2 and x-ray report Ex.P3. He also stated about expenses on some of the medicines which were supplied to him F.A.O. No. 389 of 2009 -2- *** in the hospital. He further deposed that the period of recovery in such cases is 3-4 months and the approximate expenditure on medicines could be around Rs.15,000/-. The Tribunal taking stock of expenses on the medical treatment assessed the expenditure as Rs.22,000/-. The Medical Board vide certificate Ex.P5 observed the permanent disability to the extent of 20%. Fracture or such type of injuries turn the body into wreck leaving the patient into permanent pain and sufferings, creating difficulty in movement and doing daily pursuits. It certainly takes long to cure and some times it does not cure. There is no evidence that the claimant had ever cured from the injuries. The compensation as awarded by the Tribunal in the given circumstances of the case is not adequate, as it should have awarded Rs.40,000/- on account of permanent disability instead of Rs.12,000/-. The Tribunal should have also awarded a sum of Rs.32,000/- on account of loss of income, Rs.10,000/- as attendant charges, Rs.10,000/- as transportation, Rs.10,000/- on account of special diet and Rs.10,000/- on account of future treatment. The Tribunal has not taken note of the aforesaid aspects of the case, therefore, interference at my end has become inevitable. Resultantly, I partly accept the appeal, modify the award and the claimant is now entitled to receive a sum of Rs.1 lac over and above the award amount along with interest at the same rate as awarded by the Tribunal. No order as to costs. October 13, 2009 (A.N. Jindal) deepak Judge