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’