FAO No. 490 of 1993 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 490 of 1993 Date of decision January 4, 2011 V. P. Gupta ....... Appellant Versus Union of India and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. R. K. Gupta, Advocate for the appellant. Mr. Karminder Singh, Advocate for respondent No.1. None for respondent No.2. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is for enhancement of compensation for a person who had suffered cut in the tongue and also sustained some minor injuries all over his body. He was a Manager of the Insurance Company and he claimed that he had spent about 12 to 13,000/- for medical treatment and special diet like soup, juice etc. The Court had determined compensation at Rs.20,000/- but made a partial abatement of the claim to the extent of 50% on a finding that claimant was guilty of contributory negligence. The respondent relied on a letter given by the claimant himself that the accident had taken place when he was trying to overtake the bus and that he would not claim against the Army authorities FAO No. 490 of 1993 2 who owned the offending truck. The claimant himself had given evidence that he had signed in some blank papers in a semi conscious state and that he did not know what he had done. 2. I am not prepared to take the letter as constituting any estoppel but I it as affirmation of a fact that the accident had taken place when he was over taking yet another vehicle. It is the result of poor judgment by the claimant himself and he ought to be taken as having having contributed to the accident. The case has stood for consideration for nearly 17 years for addressing of claim of enhancement which was awarded at Rs.10,000/-. The doctor who was examined gave evidence to the effect that the cut on the tongue was curable under normal conditions within a week. The claimant himself gave evidence to the effect that he cannot speak properly and that his jaws were dislocated and wires were put. There ought to have been medical evidence also to support his claims but there was none. However, he must have suffered enormous pain and I am of the view that an additional sum of Rs.15,000/- shall be granted. The amount enhanced is to be paid within a period of six weeks from the date of receipt of copy of the order. If the amount is not paid by the respondent, as ordered, it will also attract interest at the rate of 7.5% per annum from the date of this order. The appeal is allowed to the above extent. (K. KANNAN) JUDGE January 4, 2011 archana