FAO No.4640 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4640 of 2009 Date of Decision : 19.08.2011 Surender Kumar .......Appellant Versus Devender and another .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Mukesh Yadav, Advocate, for the appellant. Mr. P.R. Yadav, Advocate, for respondent No.1. Mr. Ravinder Arora, Advocate, and Mr. Neeraj Khanna, Advocate, for respondent No.2. **** JITENDRA CHAUHAN, J. (ORAL) Heard. From the record, it is made out that the claimant-appellant suffered permanent disability to the extent of 8%. He remained on leave without pay for 2 months. The appellant is a Jawan in the Border Security Force. His chances for further promotion stand reduced considerably on account of the disability suffered by him. The appellant incurred `19,300/- on transportation, as is proved from the receipts, Ex.P1 to P9, which went unrebutted. 1 FAO No.4640 of 2009 Keeping in view the extent of disability, the seat of injuries and the proven receipts of transportation for `19,300/-, this Court feels that the amount of compensation under the head ‘(2) pain, agony, suffering and expenses on hospitalization, transportation, treatment and loss of earnings, etc.’, is not adequate. The appellant being a Jawan, should have been treated with much more compassion. Accordingly, I feel that the ends of justice would be met if the amount against the head mentioned above, is enhanced by `25,000/-, over and above the amount already granted. Furthermore, nothing has been awarded towards ‘special diet’ and ‘attendant changes’. Keeping in view the duration of hospitalization and subsequent treatment, an amount of `10,000/- each is enhanced against these heads. The compensation awarded under all other heads seems just and reasonable. Thus, the total amount of enhanced compensation of `45,000/-, which shall be paid within 45 days from today. In case the enhanced amount of `45,000/- is not paid within the period stipulated above, the same shall carry interest at the rate of 6% per annum from the date of filing of the appeal till it is paid. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 19.08.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2