Full Text
HIGH COURT OF DELHI
JUDGMENT
MAHENDER SINGH ..... Appellant Represented by: Mr. Vishwendra Verma, Mr. Pranav Verma and Ms.Shivali Singh, Advs.
1. Instant appeal has been preferred against the award dated 16.01.2006 whereby ld. Tribunal has granted compensation for a sum of Rs.5,00,000/with interest @ 7% per annum from the date of filing of the petition till realization of the award amount except for the period from 26.02.2002 till 17.12.2002 and from 14.10.2003 till 15.11.2003.
2. Ordersheet reveals that none has been appearing on behalf of the respondents. Therefore, this court has no option but to proceed with the matter.
3. Ld. Counsel appearing on behalf of the appellant has argued that Dr. B.K. Patta of Kailash Hospital has proved that the medical expenses incurred on the appellant was to the tune of Rs.2,47,790/- and the ld. 2014:DHC:30 Tribunal has granted an amount of Rs.2,47,000/- on the ground that this was the actual amount.
4. Ld. Counsel appearing on behalf of the appellant do not dispute the medical expenses granted by the ld. Tribunal, however submitted that the ld. Tribunal failed to grant any compensation towards the expenses spent on conveyance and special diet.
5. Ld. Counsel submits that the appellant remained in hospital for 1½ years, therefore, his family members continued to visit the hospital and took care of him in the hospital. Thus, substantial amount want spent on conveyance charges for the said period. This fact can also be considered if a person had spent this much of time in the hospital, his family had to give a special diet to him so that he come out from the injury received.
6. I find force in the submission of ld. Counsel for the appellant. Therefore, keeping the injuries into view and the period spent by the injured in the hospital, I grant Rs.50,000/- towards conveyance charges and Rs.50,000/- towards special diet. The enhanced amount shall also carry interest @ 7% per annum from the date of filing of filing of the petition till realization except the period mentioned in Para-1 above.
7. Appeal is accordingly allowed.
8. Respondent / insurance company is directed to deposit the enhanced amount with accrued interest within five weeks from today with Registrar General of this court. Failing which appellant shall be entitled for 12% penal interest on delayed payment.
9. On deposit the Registrar General shall release the amount in favour of the appellant.
SURESH KAIT, J JANUARY 03, 2014 jg