IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1788 of 2008(O&M) Date of Decision 04.12.2009 Kali Ram ...... Appellant VERSUS Balwan Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Dalel Singh Nain, Advocate, for the appellant. Mr.N.K.Khosla, Advocate, for the respondent-insurance Company. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated11.06.2007, passed by Motor Accident Claims Tribunal, Kaithal, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.68,000/- alongwith interest @ 7.5% per annum in favour of the appellant-claimant (herein referred as 'the claimant') on account of the injuries suffered by him in a motor vehicular accident. The respondents have neither challenged the negligence nor the liability to pay the compensation. However, enhancement has been sought by the claimant. PW1 Dr.Balwinder Kumar, who had medico legally examined the claimant, proved the M.L.R. Ex.P1. PW3 Dr.S.K.Jain testified that he being the Member of the Board of the Doctors found that there was shortening of the right lower limb by 2 inches and mild restriction of movements at the right ankle and the knee joint and in the index and middle finger of the right hand. The Board of Doctors certified that the disability FAO No.1788 of 2008(O&M) -2- suffered by the claimant was 20% and there was shortening of leg by 2 inches. The Tribunal appears to have fallen in error while awarding compensation to the tune of Rs.25,000/- for 20% disability whereas it should have been Rs.50,000/-. As such, the Tribunal should have awarded Rs.50,000/- on account of disability. The Tribunal awarded inadequate compensation on account of medical expenses, transportation, special diet and attendant charges, therefore, it also needs to be enhanced by Rs.30,000/-. Nothing was awarded on account of operation, the claimant had undergone and meagre sum was awarded on account of loss of income. Thus, another sum of Rs.20,000/- would be sufficient on these heads As such, the claimant is entitled to a sum of Rs.75,000/- over and above the award amount. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.75,000/- over and above the award amount. However, the claimant would be entitled to receive interest on the enhanced amount at the same rate as awarded by the Tribunal. No order as to costs. (A.N.Jindal) Judge 04.12.2009 mamta-II