JUDGMENT Mr. Vijender Singh Malik, J.: - This is an appeal brought by the claimant for enhancement of compensation. The claimant brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries he suffered in a roadside accident that took place on 3.7.2010. The claim petition has been allowed by learned Motor Accidents Claims Tribunal [Fast Track Court], Nuh, District Mewat (for short, “the Tribunal”) vide award dated 29.02.2012 in a sum of Rs.75,000/-. Since the point involved in the appeal is adequacy of compensation, the facts are not required to be noticed in detail. 2. The claimant suffered serious injuries including fracture of right thigh bone in the accident. He has been 20 years of age at the time of accident and he was a driver by profession having an income of Rs.5,000/- per month. He has spent a sum of Rs.1,00,000/- in his treatment and has prayed for compensation in a sum of Rs.5.00 lacs. 3. The respondents have controverted the averments of the claim petition. They have denied the accident and injuries claimed to be suffered by the claimant. 4. Learned Tribunal after taking evidence noticed 10% disability to have been left with the petitioner after the treatment of the injuries and the same is proved on record vide disability certificate Ex. PW2/A. A sum of Rs.54,344.60 ps. is proved to be the expenses incurred in the treatment and thereafter, learned Tribunal has awarded lump-sum compensation in a sum of Rs. 75,000/-. 5. Learned counsel for the appellant has contended that nothing has been awarded by the Tribunal in the name of pain and suffering, special diet, attendant charges, transportation charges, loss of income during treatment and for loss of income on account of the disability. According to him, the appellant has been a driver by profession and this disability is functional disability in his case. According to him, Dr. Sanjeev Kumar appeared as PW-2 to prove the disability and according to him, the disability has been permanent. 6. Learned counsel for respondent No. 3 has submitted, on the other hand, that the disability is just marginal and the impugned award is just and proper. 7. Apart from Rs.54,344.60 ps.
According to him, Dr. Sanjeev Kumar appeared as PW-2 to prove the disability and according to him, the disability has been permanent. 6. Learned counsel for respondent No. 3 has submitted, on the other hand, that the disability is just marginal and the impugned award is just and proper. 7. Apart from Rs.54,344.60 ps. proved to have been spent in the treatment of the appellant, a sum of little less than Rs.21,000/- has been awarded to cover all the other heads of pecuniary and non-pecuniary damages. In my opinion, this is definitely on a lower side. 8. The appellant has proved a sum of Rs.54,344.60 ps. as spent in his treatment. Some amount must have been spent by the claimant, who belongs to a backward place, on his treatment without obtaining bills. Thus, a sum of Rs. 60,000/- should have been awarded as compensation for the expenses, the appellant incurred in his treatment. 9. The injuries that left 10% disability must have caused pain and suffering to the appellant. Besides pain and suffering, some amount must have been spent in the special diet and attendant and transportation charges. The appellant has been of a very young age when he suffered this disability and he would suffer for the disability in the context of his future income. Taking into consideration all the circumstances of this case, I find the following amounts to be due to the appellant. 1. Expenses on treatment Rs. 60,000-00 2. Pain and suffering Rs. 10,000-00 3. Special diet/attendant/ transportation charges Rs. 20,000-00 4. Loss of income on account of the disability Rs. 30,000-00 Total Rs.1,20,000-00 10. In view of the aforesaid discussion, the appeal succeeds and is allowed. The amount of Rs.75,000/-assessed by the Tribunal as compensation payable to the appellant is enhanced to Rs.1,20,000/- which shall be paid with interest and subject to the other terms as settled by learned Tribunal in his award. ---------0.B.S.0------------ —————————