FAO No.2038 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2038 of 2010 (O&M) Date of decision:22.11.2011 Sanjeev Kumar ....Appellant Versus Jitender and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SK Bhardwaj, Advocate for the appellant Mr.Subhash Goyal, Advocate for respondent Nos. 3. ***** Jitendra Chauhan, J.(Oral) Application for condonation of delay No reply has not been filed by the respondents. Keeping in view the averments made in the application, delay of 7 days in filing the instant appeal is hereby condoned. Application stands disposed of. FAO No. 2038 of 2010 The present appeal has been filed by the injured -appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Jind (for short 'the Tribunal'), vide award dated 1.4.2009, on account of the injuries received by him in a motor vehicular accident on 8.3.2008. FAO No.2038 of 2010 (O&M) 2 Learned counsel for the appellant contends that appellant remained hospitalised for a period of 12 days on account of multiple and grievous injuries suffered by him in the accident. He was operated upon and an iron rod was inserted in his right thigh. It is further submitted that the learned Tribunal awarded a sum of ` 24,000/- towards medical expenses, ` 10,000/- towards pain and sufferings, ` 5,000/- towards 5%physical disability, ` 9000/- towards loss of income, `3000/- towards nutritious diet, `3000/- towards attendant charges, which are on the lower side. Moreover, no amount has been awarded regarding transportation. On the other hand, the learned counsel for the respondent- Insurance Company contends that the compensation awarded by the learned Tribunal is just and adequate, and therefore, there is no scope for any further enhancement. I have heard learned counsel for the parties and perused the record carefully. It is admitted fact that the appellant suffered multiple grievous injuries. As per medical record, he was operated upon and nailing was done to remove restriction of right knee movements. He remained admitted as indoor patient in M/s Bal Dharmarth Hospital at Jind from 8.3.2008 to 20.3.2008. As per medical advise of the doctor, three months were required for him to come in routine manner. Keeping in view the peculiar facts and circumstances of the case, this Court feels that the ends of justice would be met, if a sum of `15,000/- under all the heads, is further enhanced. Ordered accordingly. Accordingly, the enhanced amount i.e. `15000/- shall be paid FAO No.2038 of 2010 (O&M) 3 to the appellant, in the manner indicated in the impugned award, within 45 days from the date of receipt of the certified copy of this judgment, failing which, the same shall carry interest @ 7.5% per annum from the date of filing the present appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 22.11.2011 (JITENDRA CHAUHAN) gsv JUDGE