FAO No. 5444 OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5444 OF 2010 Date of decision: 8.9.2011 Raj Pal ...Appellant Versus Nand Kishore and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SS Khurana, Advocate for the appellant Mr.SK Yadav, Advocate for respondent No.2. Mrs.Vandana Malhotra, Advocate for respondent No.3- Insurance Company *** JITENDRA CHAUHAN, J.(Oral) The present appeal has been filed by the claimant/appellant seeking enhancement of amount awarded by learned Motor Accident Claims Tribunal, Rewari (for short ‘the Tribunal) vide award dated 5.2.2010 on account of injuries received by the appellant. The brief facts giving rise to the case are that on 20.5.2008, when Raj Pal- appellant alongwith his brother was returning to village Dharuhera on his motorcycle, a bus bearing registration No.HR47A-1838 being driven by Nand Kishore- respondent No.1, hit their motorcycle. Resultantly they fell on the road and both were dragged by the offending bus for a considerable distance. In the said accident, the appellant sustained multiple and grievous injuries. The appellant remained admitted FAO No. 5444 OF 2010 2 in Paras Hospital, Gurgaon upto 3.6.2008. Thereafter, he followed the follow-up treatment from the said hospital. He filed a claim petition, which was accepted by learned Tribunal and awarded a sum of `3,96,000/- as compensation on 5.2.2010. Feeling dissatisfied with the said award, the claimant/appellant has filed the present appeal. The sole argument raised by learned counsel for the appellant is that no amount has been awarded towards the heads of attendant, special diet and transportation. On the other hand learned counsel for the respondents has contended that the learned Tribunal has rightly awarded the amount of compensation. I have heard learned counsel for the parties and perused the case file. The fact of accident is admitted and is proved. The appellant remained indoor patient from 20.5.2008 to 3.6.2008. As per medical record, he was called many times for post operative treatment in the hospital. As per the nature of injuries, the appellant required a special care and help also. Keeping in view the facts that the appellant suffered injuries, age of the appellant, duration of hospitalization and post operative treatment, further amount of `8,000/- is awarded towards attendant charges, `5000/- towards special diet and `7,000/- towards transportation charges, which would meet ends of justice. The enhanced amount i.e. `20,000/- under the FAO No. 5444 OF 2010 3 abovementioned heads, shall be paid by the respondents jointly and severally in the manner indicated by the learned Tribunal within a period of 45 days from the date of receipt of the copy of this order, failing which, the same shall carry interest @ 7 ½ per annum. In view of the above, the present appeal is partly allowed with the modification indicated above. 8.09.2011 (JITENDRA CHAUHAN) gsv JUDGE