High Court Punjab-Haryana High Court

Rajender Rai vs Dalbir & Others on 7 January, 2009

Punjab-Haryana High Court
Rajender Rai vs Dalbir & Others on 7 January, 2009
FAO No.499 of 2000                        1



    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                                FAO No.499 of 2000
                                Date of decision: January 07, 2009

Rajender Rai                                          ...Petitioner

                          Versus

Dalbir & others                                       ...Respondents

CORAM:       HON'BLE MR. JUSTICE RAJAN GUPTA

Present:     Mr. R.A. Sheoran, Advocate, for the appellant.
             Mr. Kulvir Narwal, Addl. A.G. Haryana.

Rajan Gupta, J.

This is a claimant’s appeal who was injured in an accident

which took place on 28th February, 1998 in the area of Police Station

City, Bhiwani. The appellant suffered injuries in the said accident as a

bus struck against his bicycle. The appellant suffered fracture of femur.

It is the case of the appellant that he remained in the hospital for 43 days

i.e. from 28.2.1998 to 11.4.1998. He thus claimed compensation on

account of pain and suffering, medical expenses, transportation, special

diet etc.

The Tribunal after holding that the accident had occurred

due to rash and negligent driving of Bus No. HR-16/5146, awarded a

total compensation of Rs.20,000/- to the appellant i.e. Rs.10,000/- for

pain and suffering, Rs.5000/- as medical expenses and Rs.5000/- for

loss of job. The Tribunal, however, observed that no medical officer

had been produced in the witness-box by the appellant to prove the
FAO No.499 of 2000 2

injuries. Thus, total claim was quantified at Rs.20,000/- by the

Tribunal.

Learned counsel for the appellant has mainly argued before

this court that no amount has been awarded for the attendant for the

period he remained admitted in the hospital. Even transportation and

special diet expenses have not been awarded.

Since the Tribunal came to the conclusion that the appellant

remained admitted in the hospital for more than a month, I am of the

view that at least the expenses for the attendant and special diet should

have been awarded. Accordingly, I feel that an amount of Rs.5000/- for

the attendant for the period the appellant remained admitted in the

hospital and Rs.5000/- for special diet, will adequately meet the claim of

the appellant.

Thus, the appeal is allowed to the extent that an amount of

Rs.10,000/- more is awarded towards the expenses for the attendant and

the special diet taken by the appellant during the period he remained in

the hospital. The appellant shall be entitled to interest @ 6% per annum

from the date of filing of the claim petition till payment of the enhanced

amount.

The appeal is allowed in the aforesaid terms.

(RAJAN GUPTA)
JUDGE

January 07, 2009
‘rajpal’