IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.1511 of 2002 (O&M) Date of Decision 05.10.2009 Dr.Shiv Kumar ...... Appellant VERSUS Sanjeev Kumar and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Gopal Mittal, Advocate, for Mr.Munish Jolly, Advocate, for the appellant. Ms.Shamsher Kaur, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): Enhancement of compensation has been sought while challenging the award dated 24.07.2001, passed by Motor Accident Claims Tribunal, Ambala, (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.1,63,500/- alongwith interest @ 9% per annum in favour of the appellant-claimant (herein referred as 'the claimant') and against the respondents jointly and severally, on account of the injuries suffered by him in a motor vehicular accident. The respondents have neither challenged the negligence nor their liability to pay the compensation. In order to determine the enhancement, it would be apposite to appreciate the evidence of Dr.Shiv Kumar claimant, who while appearing in the witness box as PW11 deposed that during the accident, he received multiple injuries including the fracture of his shaft of femur, patella and proximal mata carpal and for these injuries he was operated in Medical College and Hospital, Sector 32, Chandigarh, F.A.O.No.1511 of 2002 (O&M) -2- where he was hospitalized from 10.03.1999 to 04.04.1999 but he could not be cured during this period of hospitalization. As such, he continued visiting the medical college for follow-up treatment. He proved the medical bills for purchase of medicines as Ex.P-4 to Ex.P-11, Ex.P-13, Ex.P-15 to Ex.P-46 and Ex.P-48 to Ex.P-90 worth Rs.52,858/-, out of which he had already received a sum of Rs.23,742/- and the remaining recoverable amount comes to Rs.29,116/-. It has also come in evidence that he remained on commuted leave for 50 days i.e.10.03.1999 to 28.04.1999, earned leave w.e.f. 29.04.1999 to 08.06.1999 and extra-ordinary leave w.e.f. 09.06.1999 to 09.10.1999 i.e. for 123 days. He had also spent a lot on transportation and attendant. As regards the salary, PW3 Mohan Lal Sharma, Assistant, Office of C.M.O., Ambala deposed that Claimant was posted as Medical Officer, Primary Health Centre Tehsil Naraingarh, District Ambala and drawing a salary of Rs.15,766/-. As regards the disability, PW10 Dr.Umesh Modi, Medical Officer, General Hospital, Panchkula, deposed that the claimant was suffering for the last 8 months and he was an old operated case of segmental fracture, femur right side with comminuted fracture patella right side with fracture proximal phalanx right middle finger with fracture fourth metacarpal right side with shortening of right lower limb by half inch with quadriceps wasting with pain limb, restricted knee movement and difficulty in squatting with stiffness of fingers of right hand and deformity. Permanent disability suffered by the claimant was to the extent of 40%. On scrutiny of the impugned award, it comes out that the Tribunal has awarded compensation on various heads on the basis of the evidence and also on some guess work, yet it failed to award adequate F.A.O.No.1511 of 2002 (O&M) -3- compensation for the permanent disability which was to the extent of 40% as suffered by the claimant and no compensation was awarded for followup treatment. To the contrary, learned counsel for the respondent-insurance company has also failed to refute this argument while stating that the amount awarded qua disability was adequate. Thus, I award an amount of Rs.80,000/- instead of Rs.35,000/- on account of disability and Rs.11,500/- on account of follow-up treatment. Resultantly, while partly allowing the appeal, the award is modified by enhancing compensation to the tune of Rs.56,500/- over and above the award amount. However, the claimant would also be entitled to receive the interest on the enhanced amount at the same rate as awarded by the Tribunal. No order as to costs. (A.N.Jindal) Judge 05.10.2009 mamta-II