IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO No. 201 of 2006 Date of Decision: 11.8.2011 Dr. Virender Singh Godhara … Appellant. Versus. Tenjing Negi and others …Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the Appellant: Mr. Virender Thakur, Advocate. For the respondents No. 1 & 2: Mr. J.S.Bhogal Sr. Advocate with Mr. T.S Bhogal, Advocate. For the respondent No.3 Mr. Jagdish Thakur, Advocate. Deepak Gupta, J. (Oral). 1. This is a claimant’s appeal for enhancement of compensation. 2. Admitted facts are that an accident took place near Chandimandir when the claimant was going to Delhi from Shimla in his car. The accident took place with Canter No. HP-07-0661. The claimant has been awarded Rs.45,000/- as compensation by the Motor Accident Claims Tribunal, Shimla. Dissatisfied with the award he has filed the appeal. 3. The learned Tribunal held that both the drivers were equally responsible for the accident in 2 question. No doubt according to the claimant, it was the driver of Canter who was driving the same rashly and negligently but both the drivers have stepped into the witness box and given their rival versions. The claimant has not cared to prove on record the copy of the F.I.R. or the spot map, if any, prepared by the Police to show how the accident occurred. Therefore, this finding of the learned Tribunal cannot be disturbed. 4. However, coming to the question of quantum, I am of the opinion that the learned Tribunal has not assessed the compensation properly. From the evidence on record especially the statements of PW- 1 S.R.Thakur and PW-3 Dr. Ramesh Sain, it stands proved that immediately after the accident the claimant was admitted in P.G.I.Chandigarh and remained there from 9.8.1999 till his discharge on 7.10.1999 i.e. after two months. PW-3 has clearly stated that the petitioner has suffered multiple injuries in a road accident including head injury, blunt trona chest, fracture of left shoulder bone, fracture of both bones of right leg and fracture of right knee cap. He was operated on 15.9.1999. The doctor has clearly stated that these injuries have an adverse impact on the claimant’s future. PW-1 was 3 the Professor and Head of Department of Orthopedics, Shimla. According to him the claimant Dr.V.S.Godhara was admitted in IGMC on 22.10.1999 and discharged on 20.11.1999 i.e. he stayed there for one month. His diagnosis was the same as that of the PGI but he was admitted in the IGMC for skin grafting of raw area. 5. From the aforesaid facts, it is apparent that the claimant suffered serious injuries and could not have attended his work for at least four months. His salary at the relevant time was of Rs.27,780/- and loss of salary for four months works out to Rs.1,11,120/-. During the period when the claimant remained in the hospital i.e. almost 90 days he would have required an attendant at Chandigarh. His attendant would have required accommodation and food. The learned Tribunal had itself assessed the hospitalization charges at Rs.1000/- per day i.e. Rs.90,000/-. In addition thereto the claimant has suffered extreme pain and injury and in my opinion he can be compensated by paying him a sum of Rs.40,000/- for the injuries suffered by him. The claimant is not entitled to any other loss of income since he was a government servant and he took treatment in the government hospitals and must 4 have been medically reimbursed for the cost of treatment. 6. It has been urged on behalf of the claimant that he has suffered disability of 20%. The disability certificate has not been proved in accordance with law. But even if I was to accept at its face value, there is no material on record to show that this disability would in any manner affect the earning capacity of the claimant, who was a Government doctor. Even after retirement the nature of injuries will not affect the earning capacity of the claimant. The total amount payable to the claimant works out to Rs.2,41,120/- which is rounded to Rs.2,40,000/-. Since, the claimant was held equally responsible to the accident he is entitled to half of the total compensation i.e. Rs.1,20,000/-. In addition thereto he shall be entitled to interest @ 7.5% per annum on the enhanced amount from the date of filing of the petition i.e. 7.1.2000 till payment of the entire amount. The Insurance Company is directed to deposit the enhanced amount on or before 30th November, 2011. No order as to costs. 11th August, 2011 ( Deepak Gupta ) ™ Judge.