FAO No.4657 OF 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4657 OF 2010 (O&M) Date of decision: 16.9.2011 Krishan Kumar through Sita Devi ...Appellant(s) Versus Harish Kumar and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present :- None for the appellant. Mr. Neeraj Khanna, Advocate, for the Insurance Company. -.- JITENDRA CHAUHAN, J. CM Nos.19782-83 of 2010 For the reasons mentioned in the applications, the same are allowed. The delay in filing as well as in refiling the appeal is condoned. Main case Heard. The issue involved in the present appeal is that “whether the compensation awarded under the head `Medical Bills & Hospitalisation' is inadequate” and “what compensation is to be granted towards transportation charges.” From the perusal of the case file, it is made out that total amount awarded towards the head “Medical Charges and Hospitalization” was `82,351/- The another amount of `42,620/- towards “Hospitalization”, FAO No.4657 OF 2010 (O&M) 2 which was duly authenticated by P.W.11, Dr. Vijay Kumar of CMC Hospital has been withheld. The learned Tribunal has not given any cogent reason as to why the amount, which was actually incurred during the course of the medical treatment and duly authenticated by the treating doctor has not been awarded. The appellant remained as indoor patient for more than two months and was suggested post-operative care and treatment. Accordingly, another amount of `42,620/- is awarded under the head “Medical Charges and Hospitalization” over and above the amount already awarded. No amount has been paid towards the head “Transportation”. Therefore, keeping in view the injuries suffered and the period of hospitalization and post-operative treatment, the appellant is held entitled to another amount `5,000/- under the head “Transportation”. Accordingly, the enhaced amount of `47,620/- (42,620 + 5,000) shall be paid within 45 days by the Insurance Company. If the same is not paid within the stipulated period, the same shall carry interest @ 7.5 % interest per annum from the date of filing of this appeal till its payment. In view of above, the present appeal is partly allowed with the modification indicated above. 16.9.2011 (JITENDRA CHAUHAN) atul/Mks JUDGE