FAO No.4508 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4508 of 2010 (O&M) Date of decision: 12.9.2011 Mohinder ...Appellant(s) Versus M/s Goyal Flour Mill and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Amit Singal, Advocate for the appellant. Mr.A.K.Jindal, Advocate, for respondent No.1. Mr.R.S.Sharma, Advocate, for respondent No.2. -.- JITENDRA CHAUHAN, J. CM No.19059-60 of 2010 For the reasons mentioned in the applications, the same are allowed. The delay in filing the present appeal is condoned. Main case The claimant/appellant has preferred the instant appeal for enhancement of compensation awarded by the learned Tribunal vide award dated 6.1.2009 on account of injuries sustained by him in a motor vehicular accident. Learned counsel for the appellant has contended that the learned Tribunal considered the medical bills only to the tune of `15,000/-, whereas, the appellant, in fact, incurred the hospital charges of `27,000, FAO No.4508 of 2010 (O&M) 2 which is evident from Exhibit P-11. He further submits that the compensation awarded under the head `pain & suffering', special diet and attendant charges is also inadequate keeping in view the injuries sustained by the appellant. On the other hand, learned counsel for the Insurance Company has vehemently opposed the submissions made above and stated that the learned Tribunal has rightly passed the award keeping in view the peculiar facts and circumstances of the case. I have heard the learned counsel for the parties and perused the case file. From the perusal of award, it is made out that the alleged accident took place on 13.2.2005, wherein the injured/claimant received multiple injuries including fracture of tibia. Firstly, the injured was taken to Civil Hospital, Hisar, from where he was moved to Metro Hospital, Hisar, where he remained admitted till 1.3.2005. The claimant incurred a sum of `27,000/- towards hospital charges, which is evident from Exhibit P-11. However, the learned Tribunal awarded a sum of `15,000/- against Exhibit P-11. It is further made out that the learned Tribunal awarded the compensation of `10,000/- under the head pain & suffering and other misc. expenses, which also appears to be on lower side. As per the statement of Dr.Sanjay Verma, PW3, `27,000/- were charged towards hospital expenses from the injured-appellant. However, the learned Tribunal awarded `15,000/- only against Exhibit P11. The learned Tribunal has dealt with this issue in para 24 of its award, however, there is no mentioning in the award as to how the amount which was charged and paid by the claimant has not been considered while FAO No.4508 of 2010 (O&M) 3 granting the amount of `15,000/- towards hospital expenses instead of `27,000/-. In the fact situation, the deduction of `12,000/- towards hospital charges against bill, Exhibit P11, is against the record and without any basis. Accordingly, the amount of `12,000/- stands enhanced under the head, hospital charges. In the same manner, the learned Tribunal awarded `10,000/- towards pain & suffering and other misc. expenses. From the record, it emerges that the injured-appellant suffered multiple injuries including fracture of bone and remained admitted for 17-18 days. He became disabled to the extent of 15%., which is evident from Exhibit P-15. The injured remained immoblised at least for six months after the accident. He must have required services of an attendant. As per the nature of injury, the injured was required post operative care and special diet. In the circumstance, the compensation granted towards pain & suffering and other misc. expenses is highly inadequate. Accordingly, the amount of `10,000/- is enhanced to `25,000/- which includes the expenses of transportation, special diet and attendant. The enhanced amount of `27,000/- (`12,000+ `15,000) shall be paid within 45 days from the date of receipt of a copy of this order, failing which, the same shall carry interest @ 7 ½ % per annum from the date of filing the present appeal till it is paid. 12.09.2011 (JITENDRA CHAUHAN) mks JUDGE