FAO No. 3689 of 2008 1 In the High Court for the States of Punjab and Haryana at Chandigarh … FAO No. 3689 of 2008 Date of decision: December 8, 2009 Pepsu Road Transport Corporation ..Appellant Versus Gurcharan Singh and another ..Respondents Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: Mr. Harsh Aggarwal, Advocate for the appellant. Mr. S.S. Godara, Advocate for the respondents. ,,, Rakesh Kumar Garg,J(Oral) This is owner's appeal challenging the impugned award whereby respondent No.1 has been granted compensation to the tune of Rs.12,59,000/- for the multiple and grievous injuries caused to him on account of rash an negligent driving of the offending vehicle driven by respondent No.2 and owned by the appellant. It is not in dispute that findings of the Tribunal qua the negligence of the offending vehicle and its driver have become final against the appellant in FAO No.3688 of 2008 decided on 22.7.2009. Learned counsel for the appellant in this case has challenged the findings of the Tribunal on the question of quantum of compensation alone. It is not in dispute that the respondent-claimant had suffered 100 % disability of the limb i.e., his left leg was amputated from left thigh. The treatment taken and the money spent on that account has been duly proved on the record by the claimant-respondent. In fact, learned counsel appearing on behalf of the appellant was unable to dispute the payment of amount of Rs. 6,54,000/- granted to the respondent on account of medical expenses. FAO No. 3689 of 2008 2 A perusal of the impugned award would show that the respondent- claimant has been awarded the compensation under different heads as under:- “ a) Pain and sufferings Rs. 1,00,000/- b) Permanent disability Rs. 2,00,000/- c) Amount spent on medicines Rs. 6,54,000/- d) Loss of income during the Rs. 2,60,000/- period of treatment. e) Special Diet Rs. 30,000/- f) Attendant Charges Rs. 15,000/- Rs.12,59,000/- After deducting the amount of Rs. 6,54,000/-, which was spent on medical expenses, the respondent has been granted a sum of Rs. 6,05,000/- under the other different heads. It may also be pointed out here that ample evidence has come on record that the respondent-appellant has suffered a great pain and agony because of the permanent disability suffered by him. The respondent-claimant has to remain admitted in various hospitals with effect from 17.8.2005 to 6.9.2005 and thereafter, on the advice of the doctors, to the Higher Centre for Management of Narcotizing the fascitis and myositis. Thereafter, he remained admitted for about 4 months as indoor patient in C.M.C. Ludhiana and after the discharge from CMC Ludhiana, he remained as OPD patient for follow up treatment for about six months. Thereafter he started treatment as an indoor patient from Maharaja Aggarsain Medical College, Agroha Hissar from 28.11.2006 to 5.2.2007 when his left leg was amputated from left thigh. Not only this, even thereafter, the respondent-appellant has to take the follow up treatment and spent money on medicines, treatment, investigation, hospitalization, transportation, special diets and attendant etc. It may also be pointed out here that no rebuttal evidence was led by the appellant to deny the compensation claimed by the claimant. Thus, keeping in view the pain and sufferings of the respondent-claimant, his permanent disability, transportation, investigation, hospitalization, special diets and FAO No. 3689 of 2008 3 attendants etc. and also the fact that because of amputation of his left leg,the respondent-claimant has become useless and cannot even walk, what to talk of earning his livelihood, the Tribunal has granted the compensation under various heads stated above. I find no reason to differ with the aforesaid amount of compensation granted by the Tribunal. Dismissed. December 8, 2009 (RAKESH KUMAR GARG) nk JUDGE