FAO No. 6869 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 6869 of 2010 Date of decision:27.7.2011 Yogesh Prashar Appellant v Bhagirath and Others Respondents CORAM; HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.R.S.Mamli,Advocate for the appellant Mr.Ravinder Arora,Advocate for respondent No.3 The appellant-claimant, has filed the present appeal, against the Award dated 18.8.2010,passed by the Motor Accident Claims Tribunal, Kurukshetra (for short the Tribunal). Learned counsel for the appellant submits that at the time of accident, appellant was 9 years old and has sustained multiple injuries in the accident. As per PW3 Dr.Vikas Goel, appellant sustained fracture left femur upper 3rd with degloving injury. He also sustained degloving injury of testis and scrotum. PW6 Dr. Rajinder Kanojia, Assistant Professor, Department of Orthopaedic Surgery, PGI, Chandigarh, stated that the case of appellant was of post operated open subtrochantric fracture left femur with perineal contracture and the board assessed his disability as 20% in relation to his left lower limb. PW5 Dr. Surinder Singh Makkar, Assistant Professor, Department of Plastic Surgery, PGI, Chandigarh stated that appellant was examined by him on 14.5.2008 with history of road side accident. A sutured wound over anterior aspect of left thigh with blackish discolouration of skin, penile and scrotal laceration with exposed testis, FAO No. 6869 of 2010 2 fracture femur of left subtrochantric region was opined. He also sustained abrasions over lower abdomen left iliac fossa. Learned counsel submits that the appellant has been rendered ineligible for many services, particularly the Armed Forces due to the disability. He further submits that the amount awarded by the Tribunal is highly inadequate. Mr.Ravinder Arora, learned counsel appearing for the Insurance Company,respondent No.3, fairly conceded to the prayer made by the learned counsel for the appellant. He conceded that a lump-sum amount of Rs. 40,000/- may be awarded to the appellant on account of the injuries suffered by him. In view of the statement made,at the bar, by learned counsel for respondent No.3 , and keeping in view the nature of the injuries suffered by the appellant, a lump-sum amount of Rs. 40,000/- is awarded to him, over and above the amount of compensation, awarded by the Tribunal. The order dated 18.8.2010 of the Tribunal is modified to that extent. The appeal is partly allowed. The amount of Rs.40,000/- shall be deposited within one month by the respondent No.3 failing which appellant is entitled to 6% interest p.a. from the date of filing the appeal till its payment. Copy of this order, duly attested by the Special Secretary, of the Bench be given to the counsel for respondent No.3. (JITENDRA CHAUHAN) JUDGE 27.7.2011 MS