FAO No.4590 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4590 of 2010 (O&M) Date of Decision : 01.08.2011 Nirmal Singh .......Appellant Versus Ravi Dutt and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Naveen Sharma, Advocate, for the appellant. Mr. Pardeep Goyal, Advocate, for respondent No.4. Mr. Ravinder Arora, Advocate, for respondent No.6. **** JITENDRA CHAUHAN, J. (ORAL) CM No.19436-CII of 2010 The CM application is allowed and the delay in filing in appeal is condoned. FAO No.4590 of 2010 Heard. The claimant remained in hospital for 10 days and the follow up treatment continued for another six months, which is clear from the record maintained by the hospital, Ex.P2 and P3. The 1 FAO No.4590 of 2010 claimant has been granted ` 10,000/- against the heads, ‘pain and suffering’ and ‘loss of earning’, which, keeping in view the age, the surgery carried out and the claimant being a carpenter, loss of income calculated by the learned Tribunal is inadequate. At the same time, no amount has been awarded towards the head ‘special diet’. In view of the above, the compensation towards the head ‘pain and suffering’ and ‘loss of earning’ is increased from ` 10,000/- to ` 35,000/-. An amount of ` 10,000/- is awarded towards ‘special diet and attendant charges’; and ` 5,000/- under the head ‘transportation’, keeping in view the follow up treatment which continued for about six months. Hence, the total amount of enhanced compensation comes to ` 40,000/-. The award against the order heads is just and adequate. If the enhanced amount of ` 40,000/- is not paid within 45 days, the appellant shall be entitled to the interest at the rate of 6% p.a. from the date of filing the appeal till it is paid. The appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 01.08.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2