FAO No.2074 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2074 of 2009 (O&M) Date of decision: 16.9.2011 Manoj Kumar Bhatia ....Appellant Versus Bhim Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Pankaj Bali, Advocate for the appellant Mr.Ajay Gulati, Deputy Advocate General, Haryana for respondent No.2. ***** Jitendra Chauhan, J.(Oral) By way of the present appeal, the claimant/appellant has approached this Court seeking enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Karnal, (for short, ‘the Tribunal’), vide Award dated 30.8.2008, on account of injuries suffered by him in the motor vehicular accident. Learned counsel for the appellant contends that on account of accident, the appellant suffered multiple injuries and his right leg was crushed. He remained admitted in hospital from 20.11.2006 to 28.11.2006. He further contends that his fractured leg was operated upon and an iron rod was inserted in it. Thereafter, he was again admitted from 31.8.2007 to FAO No.2074 of 2009 (O&M) 2 2.9.2007 for removal of interlocking nail. He further contends that inadequate compensation has been awarded towards pain and suffering, whereas no compensation has been awarded towards the heads `Attendant', and `Transportation', Feeling dissatisfied with the award of the learned Tribunal, the claimant/appellant has preferred the instant appeal. I have heard the learned counsel for the parties and perused the case file. From the perusal of the award, it emerges that the appellant was admitted in hospital for a long time. His right leg was operated and rod was inserted. The learned Tribunal has awarded an amount of ` 93861/- towards medical treatment; ` 5000/- towards pain and suffering and `5,000/- towards special diet, totalling ` 103861/-, which keeping in view the facts and circumstances of the present case, appears to be little on the lower side. Moreover, nothing has been granted to the appellant towards the heads `Attendant', and `Transportation', whereas as he remained under treatment for a long time and was taken to the hospital many times. Keeping in view the above facts, this Court feels that the compensation granted deserves to be enhanced under the heads 'Pain & Suffering, attendant and transportation'. Accordingly, this Court enhances the amount from `5,000/- to `10,000/- towards Pain and Suffering. As nothing has been granted towards the heads of transportation and attendant, for granting of another sum of `5,000/- each head would meet the ends of justice. FAO No.2074 of 2009 (O&M) 3 The total enhanced amount i.e. `15,000/- shall be paid to the appellant in the manner indicated in the impugned award within a period of 45 days from the date of the receipt of the certified copy of this judgment, failing which, the same shall carry interest @ 7½ % per annum from the date of filing of this appeal till its payment. In view of above, the present appeal is partly allowed with the modification indicated above. 16.09.2011 (JITENDRA CHAUHAN) atul/gsv JUDGE