FAO No.7292 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.7292 of 2010 Date of decision:16.8.2011 Deepanshu ...Appellant Versus Rajinder Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.G.C.Shahpuri, Advocate, for the appellant. Mr.Jastej Singh, Advocate, for respondent Nos. 1 and 2. Mr.Vishal Aggarwal, Advocate, for respondent No.3. -.- JITENDRA CHUAHAN, J. Learned counsel for the appellant contends that the appellant, who is aged 9 years, suffered permanent disability to the extent of 15% on account of the alleged accident. He further contends that inadequate compensation has been awarded towards pain and suffering and no compensation has been awarded towards the heads `Attendant', `Transportation' and `Special Diet'. On the other hand, learned counsel for the respondent submits that there is no provision in the Schedule of the Motor Vehicles Act, 1988 (for short `the Act') for payment of any compensation under the heads `Attendant' and `Transportation'. I have heard the learned counsel for the parties and perused the FAO No.7292 of 2010 2 record of the Tribunal. The underlying principle of the Act is to adequately compensate the injured/claimant. In the instant case, the injured is a child of tender age of 9 years. He remained indoor patient for 47 days and the injury caused 15% permanent disability to him. Keeping in view the age, extent of disability and the period of hospitalization of the injured, this Court feels that the compensation awarded by the learned Tribunal under the head `Pain and Suffering is inadequate. Accordingly, amount towards pain and suffering is enhanced from `5,000 to `25,000/-. Though, there is no specific provision in Section 163-A of the Act for payment under the heads `Attendant' and `Transportation' however the fact that the claimant/injured remained admitted in hospital for more than one month and has incurred the expenses for attendant, transportation and special diet also, which cannot be ignored. Accordingly, the claimant/injured is awarded `5,000/- towards the head `Attendant'; `10,000/- towards `Transportation' and `5,000/- towards special diet, which would meet the ends of justice. The enhanced amount shall be paid within 25 days from the date of receipt of copy of this order, failing which, the enhanced amount shall carry interest @6% from the date of filing the present appeal till the payment is made. In view of above, the present appeal is partly allowed with the modification indicated above. 16.8.2011 (JITENDRA CHAUHAN) mks JUDGE