FAO No. 6778 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6778 of 2010 (in MACT No.83 of 2008) Date of Decision : 15.12.2011 Amit Kumar .......Appellant Versus Mohinder Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Yogesh Saini, Advocate, for Mr. Pritam Saini, Advocate, for the appellants. Mr. Vivek Singal, Advocate, for respondent-National Insurance Co. Ltd. **** JITENDRA CHAUHAN, J. (ORAL) The injured-appellant, Amit Kumar, has approached this Court seeking enhancement of the compensation granted by the learned Motor Accident Claims Tribunal, Panipat, vide the impugned Award dated 23.01.2010. Brief facts of the case in hand are that on 29.01.2008 at 8.30 a.m., the injured-claimant Amit Kumar, along with other passengers, was going to Gohana, in a Jeep bearing No.HR-60C-0279. When they reached near Mehrana Petrol Pump on Gohana Road, a truck bearing No.HR-61-8619, being driven by the driver Mohinder 1 FAO No. 6778 of 2010 Singh, respondent No.1, in a rash and negligent manner, came from the Gohana side and struck against the said Jeep. Due to the accident, 10 persons including the appellant herein, received multiple injuries whereas five other persons died on the spot. FIR No.37 dated 29.1.2008 under Sections 279, 304-A and 427 IPC was registered at Police Station Model Town, Panipat. In this background, fifteen separate claim petitions were preferred before the learned Tribunal, which were disposed of by a consolidated Award dated 23.01.2010. The appellant herein preferred claim petition No.83 of 2008 and was awarded compensation to the tune of `1,06,000/-. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. A perusal of the record shows that the injured-appellant, Amit Kumar, suffered head injury and pelvis fracture due to the accident and remained hospitalized from 29.01.2008 to 05.02.2008. He was advised further rest for a period of three months. The learned Tribunal has awarded a consolidated amount of `25,000/- on account of pain and suffering, services of attendants, special diets etc. However, keeping in view the nature of injuries, period of hospitalization and the post operative treatment, this Court feels that the ends of justice would be adequately met in case an amount of `15,000/- is enhanced under the aforesaid heads. It is ordered accordingly. 2 FAO No. 6778 of 2010 The appellant remained admitted in the hospital from 29.01.2008 to 05.02.2008 as indoor patient in critical condition. As observed earlier, the injured-appellant was also advised rest for a period of three months and therefore, he must have suffered loss of income. However, the learned Tribunal has not awarded any amount under this head. Accordingly, an amount of `10,000/- is granted under the head ‘loss of income’. The amount of compensation awarded under all the other heads is just and appropriate. In view of the above, the injured-appellant is held entitled to an amount of `25,000/- as enhanced compensation, which shall be payable to him within a period of 30 days from the date of receipt of a certified copy of this judgment, failing which, he shall also be entitled to the interest @ 9.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3