IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.2136 of 2007(O&M) Date of Decision 26.10.2009 Prem Singh ...... Appellant VERSUS Ram Kumar and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Sharmila Sharma, Advocate, for the appellant. Mr.M.B.Jain, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J(ORAL): Modification by way of enhancement has been sought in respect of award dated 01.11.2006, passed by Motor Accident Claims Tribunal, Panipat, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.64,587/- alongwith interest @ 6% per annum in favour of the appellant-claimant (herein referred as 'the claimant'), and against the respondents jointly and severally, on account of the injuries suffered by him in a motor vehicular accident. The respondents have neither challenged the negligence nor their liability to pay the compensation. On the other hand, the claimant has sought enhancement of compensation. The record reveals that the claimant remained admitted in Panchal hospital, Panipat from 11.02.2005 to 22.02.2005 and charged a sum of Rs.10,150/- vide receipt Ex.P-32. He had also spent Rs.10,090/- for purchasing the medicines as established from the medical bills Ex.P-33 to Ex.P-49. He also proved the bills Ex.P-50 to Ex.P-52 for a sum of Rs.1430/-. Keeping in view the nature of the injuries, received by the F.A.O.No.2136 of 2007(O&M) -2- claimant and treatment taken, the Tribunal observed that the claimant must have spent a sum of Rs.21,670/- in total on his treatment. Due to the injuries suffered by the claimant, he was immobilized for a number of days and the certificate Ex.P135 reveals that he received disability to the extent of 15% on account of the injuries suffered by him but the claimant has not been adequately compensated for such disability. Nothing was also awarded on account of pain and sufferings, as such, claimant deserves a sum of Rs.20,000/- on account of disability and Rs.10,000/- on account of pain and sufferings. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.30,000/- over and above the award amount. However, the claimant would also be entitled to receive interest on the enhanced amount at the same rate as awarded by the Tribunal. However, the remaining terms of the award passed by the Tribunal will remain intact. No order as to costs. (A.N.Jindal) Judge 26.10.2009 mamta-II