F.A.O.No. 1026 of 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 1026 of 1987 Date of decision : 20.11.2008. Rita Gupta (minor), through Man Mohan Gupta ....Appellant Versus Haryana Roadways, Delhi & others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Amit Jain, Advocate for the appellant. Mr. O.P.Sharma, Additional Advocate General,Haryana for respondents No.1 to 3. ... MAHESH GROVER, J. This appeal is directed against the award of the Motor Accident Claims Tribunal, Gurgaon dated 1.4.1987 The appellant Rita Gupta was injured in an accident. She was aged 16 at that point of time. As a result of the injuries she lost her 4th and 5th toes and also lost skin on her right calf. The Tribunal awarded a total compensation of Rs.21,000/- to the appellant under the following heads :- i) For loss of marriage prospectus Rs.10,000/- ii)For pain and suffering and permanent disability Rs. 8,000/- iii)For special damages Rs. 3,000/- F.A.O.No. 1026 of 1987 -2- The said amount was directed to be paid along with interest @ 12% per annum from the date of filing of the petition till its realisation. Dissatisfied with the said award, the appellant is in appeal. After hearing the learned counsel for the appellant I am of the opinion that the award deserves to be modified slightly. During the course of his testimony PW1 Piara Singh, Record Assistant, Ganga Ram Hospital, New Delhi testified that the appellant was admitted in their hospital as an indoor patient on 29.6.1985 and was discharged on 22.7.1985. She had suffered from crush injury in right foot. It is clear, therefore, that the appellant had suffered loss of 4th and 5th toe of her right foot. She was a young girl of 16 years and due to the said injuries her marriage prospects would have also suffered adversely. In this view of the matter, the compensation awarded under this head deserves to be enhanced to Rs.20,000/-. The appellant was said to remain hospitalized for 24 days and, therefore, the amount awarded under the head 'pain and suffering and permanent disability' is also inadequate. According to my considered opinion, the ends of justice would be met if an amount is Rs.25,000/- is awarded under the head 'pain and suffering and permanent disability '. Ordered accordingly. The amount awarded for special damages does not warrant any interference. In this manner, the total compensation works out to F.A.O.No. 1026 of 1987 -3- Rs.48,000/-. The enhanced amount of compensation is directed to be paid to the appellant along with interest @ Rs.9% per annum from the date of filing of the petition till its realisation. The liability to satisfy the award shall remain the same as has been determined by the Tribunal. With the aforesaid modification in the impugned award, the appeal stands disposed of. 20.11.2008 (MAHESH GROVER) dss JUDGE