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2012 DIGILAW 1506 (PNJ)

Harbilas @ Pir Dia v. Kulbir Singh

2012-10-16

RAJAN GUPTA

body2012
JUDGMENT Mr. Rajan Gupta, J.: (Oral) - Present appeal has been preferred by injured-claimant aggrieved by the quantum of compensation awarded by the tribunal. 2. Learned counsel for the appellant contends that only a sum of Rs.3,000/- has been granted for conveyance, special diet, attendant charges. According to him, compensation assessed is on the lower side. 3. Respondent no. 3 remains unrepresented before this court today despite service. This court, thus, proceeds to decide the case on merits. Heard. 4. A claim petition was preferred by appellant- Harbilas @ Pir Dia. He stated that on 08.07.2008 he was proceeding from village Dhaneori, District Ambala on bicycle. When he got down from his bicycle to cross the railway crossing in village Mohra at that time offending truck being driven in rash and negligent manner struck against the gaze girder fixed on the side of the railway line. The girder broke and fell on the appellant resulting in injuries on his head and chest. He was taken to Civil hospital, Ambala Cantt from where he was referred to PGI, Chandigarh and later on shifted to Leelawati hospital, Ambala city. On a claim being lodged, tribunal came to the conclusion that accident had occurred due to rash and negligent driving by driver of the offending vehicle. Tribunal after taking into consideration medical bills exhibited by the appellant and statement of concerned doctor who deposed as PW-1 awarded a sum of Rs.25,000/- towards treatment expenses. As petitioner remained hospitalized from 08.07.2008 till 17.07.2008, a sum of Rs.3,000/- was awarded towards conveyance, special diet and attendant charges. Rs.20,000/- were awarded under usual heads such as pain and suffering & loss of earnings. In my considered view, compensation granted on account of conveyance, special diet and attendant charges is on the lower side as appellant remained admitted in hospital for almost ten days. Appellant would, thus, be entitled to another sum of Rs.7,000/- under these heads. Appeal is accepted to this extent and award passed by the tribunal is accordingly modified. 5. As the case has been heard and decided on merits, delay of 57 days in filing the appeal is deemed to have been condoned.