FAO No.718 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.718 of 2011 ( in MACT No. 74 of 2009) Date of decision:7.12.2011 Babu Ram ...Appellant Versus Vishal Jain and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.RS Mamli, Advocate for the appellant. None for respondent Nos. 1 and 2. Mr.Sandeep Suri, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the injured-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'the Tribunal'), vide award dated 5.10.2010, on account of the injuries suffered by him in a motor vehicular accident on 12.11.2008. Learned counsel for the appellant has contended that the appellant suffered various injuries on his body including fracture on his right leg, right femur and right foot. He remained admitted in hospital from FAO No.718 of 2011 2 13.11.2008 to 7.12.2008. He has suffered fracture of both bones right leg. He was operated upon and rods were inserted. He suffered permanent disability to the extent of 21%. The learned Tribunal awarded a sum of Rs.1,50,000/- in lump sum under all the heads including medical expenses, which is inadequate. On the other hand, learned counsel for the respondent- Insurance Company has contended that learned Tribunal has awarded a just and proper compensation. Therefore, there is no scope for any further enhancement. I have heard the learned counsel for the parties and perused the record carefully. As per medical record, it is established that the appellant suffered 21% permanent disability, as per disability certificate Ex.PW2/1. He remained hospitalised from 13.11.2008 to 7.12.2008. He had suffered fractures of both bones right leg, for which surgery had to be performed, consequently to which, rods were inserted. He suffered a lot of pain and sufferings. The disability suffered by him will definitely affect his daily routine work. Keeping in view the nature of injuries and period of hospitalisation, compensation granted under the heads attendant, medical expenses, special diet, pain and suffering and all other heads appears to be on the lower side and the same deserves to be enhanced. Therefore, this Court feels that further grant of an additional amount of Rs.25,000/- under all heads, would meet the ends of justice. Ordered accordingly. Accordingly, the enhanced amount i.e. Rs.25,000/- shall be paid to the appellant within 45 days from the date of receipt of the certified FAO No.718 of 2011 3 copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification in the award, as indicated above. 7.12.2011 (JITENDRA CHAUHAN) gsv JUDGE