F.A.O.No. 549 of 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 549 of 1987 Date of Decision : 12.11.2008 Shri Balvinder Singh ....Appellant Versus M/s Charan Dass, Charan Kanwaljit Singh and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Ms.Shweta Bawa, Advocate for the appellant. None for the respondents. ... MAHESH GROVER, J. This is an appeal directed against the award of the Motor Accident Claims Tribunal dated 3.1.1987. Appellant Balvinder Singh was injured in an accident which took place on 19.1.1986. He suffered fracture of mandible and a fracture of right forearm bone and right humerus. The Tribunal awarded a sum of Rs.21,500/- as compensation for the injuries sustained by the appellant. Out of this amount a sum of Rs.15,000/- was towards the injuries i.e. pain and suffering, etc. and Rs.6,500/- were under the head 'medical expenses'. Dissatisfied with the award, the appellant is in appeal. It was contended by the learned counsel for the appellant that the injured had remained admitted in the hospital for a number of F.A.O.No. 549 of 1987 -2- days and was operated upon twice and that this has adversely affected his prospects in life. After hearing the learned counsel for the appellant and perusing the award, I am of the opinion that the compensation awarded is inadequate. Dr.P.K.Bhatia, medical officer testified that the appellant had been admitted to Civil Hospital, Karnal on 19.1.1986 with multiple injuries and was discharged on 14.2.1986. He further stated that the appellant was having a fracture of mandible and fracture of right forearm bone and right humerus and was operated upon for the fracture of the mandible and was also operated upon for the fracture of forearm bone. When he was examined subsequently after about three months his right humerus had not fully united and therefore he was again admitted to the hospital on 20.5.1986. As a result of this the appellant remained hospitalised for a total period of about 53 days. It is clear therefore that the appellant underwent the pain and agony on account of the injuries suffered by him for at least 6/7 months and was operated upon thrice during the course of his treatment. In this view of the matter, the compensation awarded can at best be termed to be grossly inadequate. Concededly, the record shows that he was operated upon thrice. There is, however, no record of the expenditure that has been incurred for these surgeries, but suffice it to say that the pain and agony would certainly have been manifold. It is, therefore, deemed appropriate to direct that an amount of Rs.20,000/- for each surgery F.A.O.No. 549 of 1987 -3- be awarded to the appellant. He is thus held entitled to a compensation of Rs.60,000/- for the pain and suffering. The amount of Rs.6,500/- which has been determined on account of medical expenses does not warrant any further interference because of the fact that there is no record to conclude the exact amount of medical expenditure. Rs.5,000/- are awarded to the appellant for special diet, etc. In this manner, the appellant is held entitled to a total compensation of Rs.71,500/-. The enhanced amount of compensation shall be paid along with interest @ 9% per annum from the date of filing of the petition till the date of its realisation. The liability to satisfy the award shall remain the same as has been determined by the Tribunal. With the aforesaid modification in the award, the appeal stands allowed. 12.11.2008 (MAHESH GROVER) JUDGE dss