FAO No.694 of 2009 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... F.A.O.No.694 of 2009(O&M) Decided on : July 13, 2009 Balwinder Singh ... Appellant VERSUS Jagjit Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Munish Gupta, Advocate for the applicant-appellant. Mr.Jaspal Giri, Advocate for respondent No.2. Mr.Vinod Gupta, Advocate for respondent No.3. Mr.Raja Bahadur Singh Jain, Advocate for respondent No.6. A.N.JINDAL, J.- Heard. For the reasons mentioned in Civil Misc.No.2365-CII of 2009 is allowed and the delay of 145 days in filing the appeal is condoned. FAO No.694/2009 : This appeal for enhancement of compensation preferred by claimant/appellant Balwinder Singh (herein referred as `the claimant') is directed against the award dated 12.4.2008 passed by Motor Accident Claims Tribunal, Ludhiana, vide which the claimant was awarded FAO No.694 of 2009 [ 2 ] Rs.3,55,000/- along with interest at the rate of 7½% per annum against the respondents. However, half of the amount was to be paid by respondents No.1 to 3 jointly and severally, whereas, the other half was to be paid by respondents No.4 to 6 in the same manner. Brief facts of the case are that on 18.7.2002, the claimant while traveling in Bus No.PB-13G-8301 was going from Ludhiana to village Chhapar. At about 4.30 p.m, when the bus reached near Rania on Ludhiana-Dehlon road, respondent No.1 while driving a tempo bearing Reg.No.PB-10U-9838 in a very rash and negligent manner came from the opposite side and struck against the bus, as a result of which right arm of the claimant was cut and he also suffered other injuries. He had to remain hospitalised for 18 days and spent Rs.40,000/- over his treatment. He has been spending Rs.200/- per day for the medicines. Thus, he sought compensation to the tune of Rs.5 lacs. The claim petition was contested by the respondents. Ultimately, contributory negligence was held. The Insurance Company also filed an appeal against the impugned award, which was dismissed (as informed by the counsel for the appellant). However, the present appeal by the claimant is for enhancement of compensation. The claimant was awarded Rs.3,55,000/- under the following heads by the Tribunal :- (in rupees) 1. Loss of income 3,12,000 2. Medical expenses 22,000 3. Pain and suffering 15,000 FAO No.694 of 2009 [ 3 ] 4. Special Diet 3,000 5. Transportation 1,500 6. Expenses on attendant 1,500 ___________ TOTAL 3,55,000/- ___________ On examination of the impugned award, it transpires that no loss of earning for 18 days during which the claimant remained admitted in the Hospital has been awarded. Similarly, nothing has been awarded for the future treatment and future transportation. Though, the claimant has pleaded that he had paid Rs.40,000/- to the Pahwa Hospital, yet only Rs.10,830/- were awarded on that account. The claimant having lost his right arm, has been crippled for rest of his life. He has suffered 80% disability, which was sufficient to assess the extent of sufferings which he had to face and is facing. Though, this Court cannot compensate his life, but some adequate compensation could be awarded for his survival. The compensation awarded by the Tribunal appears to be inadequate as he deserves to be compensated on account of loss of earnings during his hospitalisation, future treatment/medicines and transportation as also on account of the payment made to the doctors of Pahwa Hospital. Keeping in view the aforesaid, the appeal, is allowed and the impugned award is modified to the following extent:- (in rupees) 1. Loss of income 3,12,000 2. Medical Expenses 40,000 FAO No.694 of 2009 [ 4 ] 3. Transportation during treatment and future transportation 15,000 4. Special Diet 15,000 5. Expenses on attendants 18,000 6. Pain and sufferings 25,000 7. Future medicines and repair of artificial limb 25,000 ---------------- TOTAL 4,50,000/- ---------------- Thus, now the claimant/appellant would be entitled to recover compensation to the tune of Rs.4,50,000/-. However, rest of the award as also the ratio of liability of the respondents to pay the compensation as well as the terms regarding interest, shall remain the same. With the above modification in the impugned award, the appeal stands disposed of. July 13, 2009 ( A.N.JINDAL ) `gian' JUDGE