JUDGMENT

G. P. Mittal, J. (Oral)

1. These eight Appeals arise out of a common judgment dated 30.11.2007 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby nineteen Claim Petitions arising out of a motor vehicle accident which took place on 20.08.1999 were decided. The Respondent Oriental Insurance Company Ltd. preferred nineteen separate Appeals challenging its liability to pay the compensation on the ground that Tagore International School, owner of bus No.DL-IV-2571 involved in the accident committed a wilful breach of the terms and conditions of policy by using the bus for hire and reward. The above said Appeals were dismissed by a common judgment of this Court dated 27.11.2012. The negligence or the quantum of compensation was not challenged in the said Appeals.

2. These Appeals are for enhancement of compensation. I shall take the cases one by one whether the compensation awarded calls for any enhancement.

MAC.APP.174/2008(Injury to Cheena)

3. The Appellant Cheena was a housewife. During the inquiry before the Claims Tribunal, it was established that she was admitted in Safdarjung Hospital from 20.08.1999 to 28.08.1999. She suffered fracture of nasal bone and fracture of left shift humerus. On account of complications, she was admitted in Batra Hospital on 01.09.1999 and was discharged on 06.09.1999. She proved on record expenditure of Rs.41,329/- during her admission in the hospital. The Claims Tribunal awarded the compensation, which is tabulated hereunder:

4. It is urged by the learned counsel for the Appellant that the compensation awarded towards special diet, conveyance and also towards pain and suffering is on the lower side. In my view, taking into consideration the injuries suffered, the period of hospitalization and the period taken in recovery from the injury, the compensation awarded towards pain and suffering is on the lower side. The same is enhanced from Rs.10,000/- to Rs.30,000/- and towards special diet and conveyance is raised from Rs.5,000/- to Rs.10,000/-.

5. The compensation is thus enhanced by Rs.25,000/- which shall carry interest @ 7% per annum (as awarded by the Claims Tribunal) from the date of the filing of the Petition till its payment.

6. This accident took place thirteen years back. Since there is marginal enhancement in the compensation awarded, therefore, the compensation shall be disbursed in favour of the Appellant on deposit.

7. The enhanced compensation along with interest shall be deposited by the Respondent Oriental Insurance Company Ltd. with the Claims Tribunal within six weeks.

MAC.APP.187/2008(Injury to Vijender)

8. Appellant was working as a driver and was earning Rs.3,500/- per month. He suffered fracture of nasal bone, fracture of mandible mandilla and compound depressed fracture. He remained admitted in Central Medical Centre, Hisar from 20.08.1999 to 21.08.1999, in Moolchand Hospital from 21.08.1999 to 01.09.1999 and then from 12.10.1999 to 22.10.1999.

9. The Claims Tribunal awarded the compensation, which is tabulated hereunder:

10. The learned counsel for the Appellant urges that the Appellant remained bedridden to bed for a period of six months. He was admitted in the hospital on three different occasions in the month of August, September and October. He was awarded a sum of Rs.70,000/- only towards medical expenses. He spent a sum of Rs.31,000/- at the time of his second admission in the Moolchand Hospital. Said sum of Rs.31,000/- was not awarded to him. A bill for Rs.31,000/- i