FAO NO. 978 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO NO. 978 of 2011 Date of order: 28.11.2011 Jageer Singh ..... Appellant Versus Dharambir and another .... Respondents -- CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Suresh Ahlawat,Advocate for the appellant. Mr. Kamal Kant Sharma, Advocate for respondent no.1. Ms. Vandana Malhotra, Advocate for the insurance company. **** Vijender Singh Malik, J. In this appeal brought by the claimant Jageer Singh, the amount of compensation awarded in a sum of Rs.1,40,000/- vide award dated 29.07.2010 by learned Motor Accidents Claims Tribunal, Jind (for short 'Tribunal)has been sought to be enhanced. The claimant sought compensation for the injuries suffered by him in a road side accident that took place on 10.12.2007 by bringing a claim petition under the provisions of section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'). The case of the claimant is as under:- FAO NO. 978 of 2011 2 On 10.12.2007 at about 11 AM Jageer Singh alongwith his son was going to Safidon . He was waiting for a vehicle at the bus stop of his village. In the meanwhile, a jeep bearing registration no.HR-56/2682 came from the side of Safidon. It was driven by Dharambir, respondent no.1 in a rash and negligent manner. It had hit Jageer Singh and the jeep even went over the claimant at his right foot. He also suffered various other injuries. The driver of the jeep succeeded in escaping from the spot. He was taken to Civil Hospital Jind. A case was got registered regarding this accident with the police. Respondent no.1 has denied the accident to have occurred on account of any rash and negligent driving of jeep in question. He has denied the other averments of the claimant. The insurer has also denied the accident to have taken place involving the jeep in question. Respondent no.2 has also denied the other averments of the claimant. It was also pleaded that respondent no.1 was not holding a valid driving licence at the time of the alleged accident. On the pleadings of the parties, the following issues were framed by the Tribunal:- “1- Whether the accident in question took place due to rash and negligent driving of respondent no.1, driver of jeep No.HR-56/2682 in which petitioner suffered multiple injuries as alleged in the petition?OPP 2- If issue no.1 is proved in the affirmative to what amount of compensation the petitioners are entitled to and from whom ?OPP 3- Whether respondent no.1 was not holding a valid driving licence on the date of accident ?OPR2 4- Relief” FAO NO. 978 of 2011 3 Taking evidence of the parties and hearing learned counsel representing them, learned Tribunal has made the impugned award. Feeling dis-satisfied with the awarded amount, the claimant has brought this appeal for enhancement of compensation. I have heard Shri Suresh Ahlawat, learned counsel for the appellant, Shri Kamal Kant Sharma, learned counsel for respondent no.1 and Ms. Vandana Malhotra, learned counsel for the insurance company and have gone through the record. Learned counsel for the appellant has submitted that learned Tribunal has awarded a sum of Rs.1,00,000/- as compensation for the permanent disability, which is at 50%. According to him, learned Tribunal did not award any compensation for future enjoyment of life. According to him, the appellant remained hospitalized for 10 days and he has not been awarded any amount for expenses on attendants also. Learned counsel for respondent no.2 has submitted that just compensation has been awarded to the claimant by the Tribunal, which does not deserve any enhancement. Permanent disability causes loss to the victim in more than one way. It not only reduces the earning capacity of the victim but also causes him loss so far as the future enjoyment of life is concerned. The handicap of permanent nature always remains in the mind of the victim. He suffers difficulty on account of the handicap and he can never forget the accident. So the future enjoyment of life on account of permanent FAO NO. 978 of 2011 4 disability is real loss and compensation is to be awarded to the victim in this regard. No compensation has been awarded to the appellant by the Tribunal for expenses on attendants. Besides the 10 days' hospitalization, the appellant must have remained under treatment thereafter. It becomes evident from the disability which is assessed at 50%. In these circumstances, a sum of Rs.40,000/- as compensation towards loss of future enjoyment of life and Rs.10,000/- towards expenses on attendant are required to be added to the amount already awarded by the Tribunal. The appeal is consequently allowed and the amount of compensation is enhanced from Rs.1,40,000/- to Rs.1,90,000/-, which shall be payable with interest as allowed by the Tribunal by way of the impugned award to the appellant. (VIJENDER SINGH MALIK) 28 .11.2011 JUDGE dinesh