FAO No.2314 of 1997 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. FAO No.2314 of 1997 Date of decision: January 07, 2009 Barfi Ram ...Appellant Versus Barinder Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vivek Suri, Advocate, for the appellant. Mr. Kulvir Narwal, Addl. A.G. Haryana for respondents No.2 & 3. Rajan Gupta, J. This appeal has emanated from an award dated 7th May, 1997, passed by Motor Accident Claims Tribunal, Patiala. The appellant suffered injuries as a result of an accident which took place between two buses, one belonging to Chandigarh Transport Undertaking and the other belonging to the Haryana Roadways. The Tribunal held that the accident occurred due to rash and negligent driving of the Haryana Roadways Bus by its driver Virinder Kumar. The appellant herein was travelling in the bus belonging to Chandigarh Transport Undertaking. He has thus maintained a claim petition against the Haryana Roadways. The appellant appeared as PW4 and deposed that he had received injuries on his right leg which was fractured at two places and iron rod had to be inserted for joining the fracture. According to the claimant, he remained admitted in PGI for 15 days where he was FAO No.2314 of 1997 2 operated upon once. His right leg was plastered 6-7 times. According to the claimant he remained confined to bed for 14 months and had to take follow up treatment as well. He thus deposed that he spent Rs.70,000/80,000/- on his treatment. After taking into consideration the evidence on record, the Tribunal awarded the following compensation to the appellant:- 1) Medical expenses incurred and -Rs.15,000/- other related expenses 2) Loss of over time -Rs.24,000/- 3) Loss of leave -Rs.42,000/- 4) Pain and suffering -Rs.12,000/- 5) Loss of enjoyment of life -Rs.12,000/- 6) General damages -Rs.45,000/- ----------------- Rs.1,50,000/- I have heard learned counsel for the parties and given careful thought to the entire matter. Counsel for the appellant has argued that evidence has come on record to show that the appellant had suffered permanent disability to the extent of 60%. Thus, the appellant should be awarded compensation @ Rs.2000/- for every 1% disability. The counsel has also contended that very less amount has been granted for pain and suffering, loss of enjoyment of life etc. Nothing has been awarded with regard to transportation expenses, for attendant, special diet etc. On the other hand, counsel for respondents No.2 & 3 has stated that adequate compensation has been granted by the Tribunal and thus no case for enhancement thereof is made out. According to the FAO No.2314 of 1997 3 counsel, amounts granted under different heads such as loss of over time, loss of leave and loss of enjoyment of life should have been clubbed under one heading i.e. pain and suffering. Apart from this, the counsel has also pointed out that no bills for medical expenses had been produced by the appellant. Thus, his claim for the same was misconceived. The argument of the counsel for the appellant that the appellant should be granted compensation @ Rs.2000/- for every 1% of the disability is not convincing. Since fractures were suffered by the appellant in the leg for which he had to undergo treatment including surgery at PGI, it cannot be said that the appellant must have suffered 60% permanent disability. However, this much permanent disability can be said to be in respect of only one limb i.e. the right leg. Keeping this in view, it will be appropriate if compensation @ Rs.1000/- for every 1% of the disability is granted to the appellant. This amount would come to Rs.60,000/-. Apart from this, it would be appropriate to award Rs.5000/- each for attendant and special diet which must have been incurred by the appellant during his period of treatment. Besides, some expense must have been incurred by the petitioner for transportation. In my view, the appellant is entitled to another sum of Rs.5000/- on this count. The Tribunal had already granted Rs.45,000/- as general damages on account of permanent disability suffered by the appellant. The said amount is thus enhanced to Rs.60,000/-. Another sum of Rs.15,000/- is granted towards the expenses of attendant, special FAO No.2314 of 1997 4 diet and transportation as enumerated in the foregoing para. The compensation is thus enhanced to Rs.1,80,000/-. The appellant will also be entitled to interest @ 6% per annum on the enhanced amount of Rs.30,000/- from the date of filing of the claim petition till realization. The appeal is allowed in the aforementioned terms. (RAJAN GUPTA) JUDGE January 07, 2009 'rajpal'