FAO No. 5054 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5054 of 2010 (O&M) Date of decision: 14.10.2011 Suresh Kumar ....Appellant Versus Ravish Kumar and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.GS Jaswal, Advocate for the appellant Mr.TK Joshi, Advocate for respondent-Insurance Company ***** Jitendra Chauhan, J.(Oral) CM No. 21975 of 2010 Despite notice, reply has not been filed so far. For the reasons mentioned in the application, delay of 9 days in filing the instant appeal is hereby condoned. Application stands disposed of. FAO No. 5054 of 2010 The present appeal has been filed by the claimant/appellant seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Rupnagar, (for short 'the Tribunal') on account of injuries received by him in the accident. FAO No. 5054 of 2010 (O&M) 2 Learned counsel for the appellant submits that the claimant/appellant suffered fracture of the right leg, the injured was operated upon, a rod was inserted, which was removed by carrying out operation after six months. Further submits that no amount has been paid towards post operative care and attendant. Further contends that the appellant was 44 years of age at the time of accident and was the only bread earner in the family. He is unable to perform the work earlier done by him. The amount paid towards loss of income was highly inadequate. On the other hand, learned counsel for the respondent- Insurance Company opposed the prayer of the appellant and states that the learned Tribunal has rightly awarded the compensation. I have heard the learned counsel for the parties and perused the record carefully. From the perusal of the record, it emerges that the appellant remained admitted from 28.4.2008 to 16.5.2008 and 26.5.2008 to 12.6.2008 on account of the injuries received by him in the accident. It is admitted that he was operated and a rod was inserted in his right leg. The learned Tribunal awarded a sum of ` 85,000/- in respect of medicines, travelling expenses and physiotherapy expenses, ` 30,000/- towards disability, ` 10,000/- towards pain and suffering, ` 5000/- towards rich diet and ` 20,000/- towards loss of income. But no amount has been awarded towards the head attendant, whereas the amount awarded under the head of pain and suffering is inadequate. As per medical record, he was called many times for post operative treatment in the hospital. On account of the nature of injuries suffered, the appellant required special care, diet and extra help. FAO No. 5054 of 2010 (O&M) 3 The rod was removed after six month through operation. During this interregnum period, he remained under observation of the treating doctor. Keeping in view the nature of injuries suffered, age of the appellant, duration of hospitalization and post operative treatment, this Court feels that the ends of justice would be met, if an amount of ` 25,000/- more is awarded to the appellant under all the heads. I order accordingly. The enhanced amount i.e. `25,000/-, shall be paid to the appellant within a period of 45 days from the date of receipt of the copy of this judgment, failing which, the same shall carry interest @ 7.5% per annum from the date of filing this appeal till payment. In view of the above, the present appeal is partly allowed with the modification indicated above. 14.10.2011 (JITENDRA CHAUHAN) gsv JUDGE