JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award dated 7th August, 2010, passed by the Motor Accident Claims Tribunal, Fast Track Court, Solan, District Solan, H.P. (hereinafter referred to as ‘the Tribunal’), in Case No. 10FTC/2 of 2004, titled as Chaman Lal versus Shri Santosh Kumar Rattan & another, whereby compensation to the tune of Rs. 2,14,240/- with interest @ 7 ½ % per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimant-appellant and the insurer-respondent No. 2 herein, was saddled with liability, (hereinafter referred to as ‘the impugned award’). 2. The owner-cum-driver and the insurer have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them. 3. The foundation of the appeal is on the following two grounds: “(i) The appellant-claimant cannot marry; (ii) The Tribunal has not awarded adequate compensation under the head ‘pain and suffering’. 4. On 17.06.2016, learned Counsel for the respondent No. 2 had produced photostat copies of some documents, which do disclose that the claimant is already married and having three children. In terms of the said order, learned Counsel for the appellant-claimant was asked to seek instructions to this effect. Today, he frankly conceded that the claimant is already married and having three children. 5. The Tribunal has fallen in an error in awarding compensation to the tune of Rs. 30,000/- under the head ‘pain and suffering’. The claimant had suffered pain and suffering and has to undergo the same throughout his life. Accordingly, the claimant is held entitled to Rs. 50,000/-, in addition to the amount already awarded by the Tribunal, under the said head. 6. Having said so, it is held that the claimant is entitled to compensation to the tune of Rs. 2,14,240/- + Rs. 50,000/- total amounting to Rs. 2,64,240/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization. 7. The amount of compensation is enhanced and the impugned award is modified, as indicated above. 8. The insurer is directed to deposit the enhanced amount alongwith interest, within a period of six weeks from today before the Registry.
2,64,240/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization. 7. The amount of compensation is enhanced and the impugned award is modified, as indicated above. 8. The insurer is directed to deposit the enhanced amount alongwith interest, within a period of six weeks from today before the Registry. On deposit, the Registry is directed to release the entire amount in favour of the claimant, strictly in terms of conditions contained in the impugned award, through payees’ account cheque or by depositing the same in his account. 9. The appeal is accordingly disposed of. 10. Send down the records after placing a copy of the judgment on the Tribunal’s file.