F.A.O.No. 871 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 871 of 1992 Date of decision : 19.9.2008 Shamsher Singh ....Appellant Versus Daljit Singh and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Anil Kheterpal, Advocate for the appellant. None for the respondents. ... MAHESH GROVER,J. (Oral) This appeal by the claimant is directed against the award of the Motor Accident Claims Tribunal dated 28.9.1991. The appellant had suffered the following injuries which had come in the testimony of PW2 Dr.Pawan Kumar Goel and which have been noticed by the Tribunal in para 18 of the award :- “1.There was a lacerated wound 5 x 2 cm transversely placed on dorsum of right hand with tendon visible freshly bleeding. There was dislocation of right joint. X-ray right hand and wrist joint was advised and orthopedic surgeon opinion was asked. 2. There was lacerated wound on left side of middle of F.A.O.No. 871 of 1992 -2- sternum vertical placed freshly bleeding 3 x 0.5 cm. Skin deep. X-ray chest was advised. 3. There was multiple abrasion present on left forearm and right ear red colour.” The Tribunal came to the conclusion that except for the injury on hand other injuries were marginal. There is evidence in the shape of testimony of PW2 Dr.Soni that the appellant had suffered 15-16% disability on account of fracture suffered by him during the course of accident. Considering the extent of permanent disability proved on record and according to the principle of law an amount of Rs.2,000/- per percentage of disability is the adequate and required norm to be followed while assessing the compensation, it is deemed appropriate to hold that the deceased shall be entitled to Rs.32,000/- on account of permanent disability suffered by him. Rs.10,000/- are awarded to him on account of pain and suffering. The amount of Rs.8,000/- awarded on account of medical expenses and Rs.2,000/- for loss of earning are just and adequate considering the fact that he was hospitalised for 26 days and his income was stated to be Rs.1,000/- per month. An amount of Rs.3,000/- is granted on account of special diet etc. In this manner, the total compensation works out to Rs.55,000/-. 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 be the same as has been determined by the Tribunal. F.A.O.No. 871 of 1992 -3- With the aforesaid modification in the award, the appeal stands disposed of. 19.9.2008 (MAHESH GROVER) JUDGE dss