Punjab-Haryana High Court
Baldev Singh vs Hari Singh @ Haria on 9 August, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO No.3217 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.3217 of 2010
Date of Decision : 09.08.2011
Baldev Singh
.......Appellant
Versus
Hari Singh @ Haria
.......Respondents
CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: None for the appellant.
Ms. Shamsher Kaur, Advocate,
for respondent No.2-Insurance Company.
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JITENDRA CHAUHAN, J. (ORAL)
Heard.
A perusal of the Award would reveal that the appellant- claimant sustained multiple injuries including fracture in his left leg. He remained hospitalized from 2.7.2007 to 16.7.2007. The extent of disability suffered by him was assessed to be 12%. The follow up treatment also continued for several months.
Keeping in view the age of the claimant, extent of injuries suffered by him and the period of hospitalization and follow up treatment, the compensation awarded under the heads 'attendant charges' and 'pain and suffering' appears to be inadequate. Accordingly, the amount under these heads is enhanced by `3,000/- FAO No.3217 of 2010 2 and `10,000/-, respectively, over and above the amount already awarded.
The learned Tribunal did not award any compensation under the head 'special diet'. Accordingly, an amount of `5,000/- is awarded under this head. The compensation awarded under all other heads seems just and reasonable.
Thus, the total amount of enhanced compensation comes to `18,000/-, which shall be paid to the extent of 50% each, by the insured and the insurance company, within 45 days from today.
In case the enhanced amount of `18,000/- is not paid within the period stipulated above, the same shall carry interest at the rate of 6% per annum from the date of filing of the appeal till it is paid.
The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above.
( JITENDRA CHAUHAN ) 09.08.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No