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Judgment
Jitendra Chauhan, J.
CM-31177-CII-2011
For the reasons cited in the application, the same is allowed and the delay of 112 days in filing the appeal is condoned.
FAO-7346-2011
The present appeal has been filed by the injured claimant, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Panipat, (''the tribunal'', for brevity) vide award dated 04.04.2011. The learned counsel for the appellant contends that the compensation awarded by the learned Tribunal is inadequate.
On the other hand, the learned counsel for respondent No. 1 has vehemently opposed the present appeal. He further submits that the award stands satisfied by the insurance company, which has initiated recovery proceedings against respondent No. 1 and the latter is paying the amount of compensation in installments as he does not have the means to pay the same in one go.
I have heard the learned counsel for the parties and perused the record.
In the instant case, the injured-appellant, was 38 years of age at the time of the accident. He suffered fracture of tibia and fibula left leg and remained hospitalized from 06.01.2010 to 10.01.2010. The learned Tribunal has awarded an amount of Rs. 25,000/-, under the head ''pain and suffering'', which this Court feels is inadequate. Accordingly, to meet the ends of justice, another amount of Rs. 10,000/- is awarded to the appellant under the above head. The compensation awarded under all other heads seems just and reasonable.
In view of the above, the claimant-appellant is held entitled to enhanced compensation of Rs. 10,000/-, as indicated above, over and above the amount already awarded by the learned Tribunal. However, keeping in view the financial constraints of respondent No. 1, it is directed that the enhanced amount shall be paid to the appellant-claimant, after the full payment is made to the insurance company. The amount shall be paid to the appellant in person, on his furnishing an affidavit with regard to his identity. With the aforesaid modification in the impugned award, the present appeal is partly allowed.