FAO No.6346 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6346 of 2010 Date of decision:14.7.2011 Kala @ Nitesh ...Appellant Versus Surender and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ashit Malik, Advocate, for the appellant. Mr.Tejinder Joshi, Advocate, for the respondents. -.- JITENDRA CHUAHAN, J. The present appeal is directed against the award dated 29.1.2010, passed by the Motor Accident Claims Tribunal, Sonipat, (for short `the Tribunal) whereby the claim petition filed by the appellant through his father was accepted. Brief facts of the case are that on 10.9.2007 at about 5.30 p.m., the appellant met with an accident with three wheeler near Bus Stand of village Shehjadpur, while he alongwith his uncle was returning to his house. As a result of which, he fell down on the road and received multiple injuries. The appellant averred in the claim petition that this accident occurred due to rash and negligent driving of the respondent No.1. He remained admitted till 15.9.2007. He filed a claim petition under Section 166 of Motor Vehicles Act, 1988 for compensation of `2,00,000/- on account of medical expenses, conveyance charges, special diet, pain and FAO No.6346 of 2010 2 sufferings and loss of ability alongwith interest @ 18% per annum. The Tribunal recorded the finding that the injured suffered injuries due to rash and negligent driving of respondent No.1 and awarded a compensation of Rs.55,018/-. Learned counsel for the appellant has submitted that the compensation under the heads `Pain and Suffering', `Diet', `Transportation', is not adequate and deserves to be enhanced. He has also placed on record the statement of Dr.Harsh Wardhan, PW3, Paeditrician Surgeon, Maharaja Agarsen Hospital, Punjabi Bagh, New Delhi. This witness deposed that the appellant/child, who suffered multiple injuries in a road accident, was got admitted on 10.9.2007 and remained upto 15.9.2007. On the other hand, learned counsel for the respondents submits that keeping in view the number of days the child remained admitted, the compensation awarded is adequate and reasonable. I have heard the learned counsel for the parties and perused the record furnished by the learned counsel for the appellant. The appellant/child was 5 years old at the time of accident. From the nature of injuries and the number of the injuries, it can be safely inferred that the child remained bed-ridden and the studies of child were affected. The claimant remained immobile for a number of months. At that time, the child would require extra personal attention and diet. It is also admitted fact that the accident in question took place on 10.9.2007 and firstly the child/appellant was taken to Darya Ram Hospital, Sonepat and thereafter was shifted to G.D.Sharma Hospital, Sonepat from where he was referred to Aggarsen Hospital, New Delhi, where he remained admitted till 15.9.2007. FAO No.6346 of 2010 3 Keeping in view the said facts, I feel that the compensation awarded under the heads, Pain and Suffering, Diet and Transportation is inadequate and deserves to be enhanced. Accordingly, `10,000/- under the head `Pain and Suffering', `3000/- under the head `Diet' and `2,000/- under the head `Transportation' is enhanced. In view of the above, the present appeal is disposed of and the award of the learned Tribunal is modified to the extent indicated above. 14.7.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No