FAO No.1694 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1694 of 2010 (O&M) Date of decision: 12.9.2011 Yoginder Kumar ...Appellant(s) Versus Sunil Kumar and another ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: None for the appellant. Mr.Subhash Goyal, Advocate, for the Insurance Company. -.- JITENDRA CHAUHAN, J. The claimant/appellant has preferred the present appeal for enhancement of compensation awarded by the learned Tribunal vide award dated 3.12.2009, on account of injuries received by him in the road accident. The facts leading to the present appeal are that on 9.12.2008, when the appellant was coming on his motorcycle from the side of Sector- 4, Gurgaon met with an accident with car (for short `the offending vehicle). Due to the impact, he sustained multiple and grievous injuries. The claimant filed the claim petition on the ground that the alleged accident occurred due to rash and negligent driving of offending vehicle, which was driven by respondent No.1. The learned Tribunal after considering the evidence on record and hearing both the parties, awarded the compensation to the tune of `1,60,000/- to the claimant. FAO No.1694 of 2010 (O&M) 2 Feeling aggrieved by the impugned award, the claimant has preferred the instant appeal for enhancement of compensation. Case called twice. However, none has caused appearance on behalf of the appellant. In the circumstance, this Court is left with no option but to proceed further on merit. Learned counsel for the Insurance Company has submitted that keeping in view the facts and circumstances of the case, the learned Tribunal awarded just and appropriate compensation. As per disability certificate, the appellant suffered 42% disability for which, sum of `84,000/- has been awarded. Moreover, the learned Tribunal in lump sum has awarded a sum of `36,000/- on account of expenses incurred by him on his treatment, purchase of medicines, special diet and transportation etc. I have perused the case file, heard the learned counsel for the Insurance Company at great length and also gone through the record furnished by him. From the perusal of case file, it emerges that the injured was a young man of 27 years at the time of accident. He was unmarried and a student of MCA.. In the alleged accident, he suffered 42% physical disability, which is evident from disability certificate, Exhibit P1. It is further made out that while assessing the compensation, the learned Tribunal did not award the compensation under the head loss of income and also did not consider the aspect of loss of marriage prospects of the appellant. Though, there is nothing on record, which suggests that the claimant was serving anywhere and getting income but the injured/claimant claimed himself to be a software engineer and earning `5,000/- per month. As regards the pecuniary damages including medical expenditure and other FAO No.1694 of 2010 (O&M) 3 material loss, a sum of `1,20,000/- (Rupees one lac and twenty thousand only) was awarded to the claimant. So far as non-pecuniary damages are concerned, a sum of `40,000/- has been awarded. However, the Tribunal while assessing the compensation did not consider the compensation under the head of loss of income. According to disability certificate, the claimant suffered permanent disability to the extent of 42% on account of restricted movements of left elbow with partial loss of stability and pain. In the circumstance, the appellant would not be able to do the work in the manner, he was doing immediately prior to the accident. From the evidence, it is clear that injured/appellant has good academic record and due to said accident, the loss of income and marriage prospects stand considerably diminished. Keeping in view the facts and circumstances of the case, I deem it fit to grant a lump sum amount of `75,000/- under the head loss of future expectancy, loss of income and marriage prospects which would meet the ends of justice. The compensation awarded under the other heads is just and adequate. The enhanced amount of `75,000/- shall be paid within 45 days from the date of receipt of a copy of this order, failing which, the same shall carry interest @ 7 ½ % per annum from the date of filing the present appeal till it is paid. In view of above, the present appeal is allowed. The impugned award dated 3.12.2009 is modified to the extent indicated above. 12.09.2011 (JITENDRA CHAUHAN) mks JUDGE