FAO No.6063 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6063 of 2010 (O&M) Date of Decision. 02.05.2011 Hans Kumar son of Sh. Tek Ram ......Appellant Versus Ashwani son of Sh. Fajal Massi (Christian) and others .....Respondents Present: Mr. Rajinder Singh Malik, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the Reporters or not ? No. 3. Whether the judgment should be reported in the Digest? No. -.- K. KANNAN J.(ORAL) C.M. No.10375-CII of 2011 For the reasons stated in the application, order passed by this Court on 30.03.2011 is recalled and the appeal is restored to its original number. Application is allowed. FAO No.6063 of 2010 1. The Tribunal has awarded compensation of Rs.81,000/- when it is split under the following heads:- 1. Medical Expenses Rs.13,000/- 2. Pain and suffering Rs.10,000/- 3. Nutritious Diet Rs.3,000/- 4. Permanent disability Rs.50,000/- 5. Transportation Rs.5,000/- Total Rs.81,000/- FAO No.6063 of 2010 (O&M) -2- 2. The learned counsel states that the medical expenses awarded are grossly low and the amount awarded for nutritious diet is also exceedingly low. While assessing the medical expenses, the Tribunal took into consideration the medical bills produced to the tune of Rs.12,537/-. I cannot find any fault with the Tribunal in assessing the compensation in respect of bills produced before the Tribunal. The contention of the counsel that compensation for nutritious diet has not been awarded sufficiently, cannot be accepted, for, it is a pecuniary head of claim, which could be addressed only on the basis of evidence tendered before the Tribunal. In the absence of any special circumstances or documentary proof produced for the same, a provision for Rs.3,000/- towards nutritious diet, in my view, is appropriate. 3. The overall compensation determined by the Tribunal is just and appropriate and I find no reason to interfere with the same. 4. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 02, 2011 Pankaj*