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A-71 ^
% 12.8.2011
Present; Mr.Manish Maini, Advocate for the appellant.
Mr.Sameer Nandwani, Advocate for respondent no.3.
+MAC APPEAL No.732/2011
*
The Award impugned before court is the Award dated
5.3.2011 vide which the sum of Rs. 1,63,393/- had been granted as compensation to the appellant along with interest @ 7.5% per annum. The appellant had suffered an accident, admittedly there was no permanent disability suffered by the injured; the only grievance of the appellant is that the under the head of pain and suffering an amount of ?25,000/- alone had been awarded but because of the nature of the injuries suffered by the injured he had to be hospitalized in the intervening period of 16.9.2008 to
20.9.2008 and again from 10.12.2008 to 13.12.2008 he should have been afforded a higher amount; the appellant further states that the court has failed to take into account the photographs which had depicted scars on his body. The Tribunal had noted that there was no documentary evidence to substantiate this submission that the appellant had been hospitahzed for a period of five days in the month of September and for a period of three days in the month of
December. It is also not in dispute that a sum of ?60,000/- has been paid as medical expenses to the appellant i.e. the bills which
2011:DHC:15416 he had incurred for his medical treatment; the same have been awarded to him; ?6000/- has been granted to the appellant under the head of special diet/conveyance; ?3000/- has been awarded to the appellant as attendant charges. Compensation for the pain and sufferings has been awarded ? 25000/-. No interference is called for keeping in view the fact that the appellant has been compensated under the aforenoted heads as also the fact that there was no documentary evidence to substantiate the submission of the appellant that he was hospitalized for the aforenoted period.
This contention of the appellant is completely without any merit; the petitioner has admittedly suffered no permanent disability.
Awarded amount calls for no interference.
Appeal is dismissed.
AUGUST 12, 2011 nandan
INDERMEET KAUR, J.
2011:DHC:15416
% 12.8.2011
Present; Mr.Manish Maini, Advocate for the appellant.
Mr.Sameer Nandwani, Advocate for respondent no.3.
+MAC APPEAL No.732/2011
*
The Award impugned before court is the Award dated
5.3.2011 vide which the sum of Rs. 1,63,393/- had been granted as compensation to the appellant along with interest @ 7.5% per annum. The appellant had suffered an accident, admittedly there was no permanent disability suffered by the injured; the only grievance of the appellant is that the under the head of pain and suffering an amount of ?25,000/- alone had been awarded but because of the nature of the injuries suffered by the injured he had to be hospitalized in the intervening period of 16.9.2008 to
20.9.2008 and again from 10.12.2008 to 13.12.2008 he should have been afforded a higher amount; the appellant further states that the court has failed to take into account the photographs which had depicted scars on his body. The Tribunal had noted that there was no documentary evidence to substantiate this submission that the appellant had been hospitahzed for a period of five days in the month of September and for a period of three days in the month of
December. It is also not in dispute that a sum of ?60,000/- has been paid as medical expenses to the appellant i.e. the bills which
2011:DHC:15416 he had incurred for his medical treatment; the same have been awarded to him; ?6000/- has been granted to the appellant under the head of special diet/conveyance; ?3000/- has been awarded to the appellant as attendant charges. Compensation for the pain and sufferings has been awarded ? 25000/-. No interference is called for keeping in view the fact that the appellant has been compensated under the aforenoted heads as also the fact that there was no documentary evidence to substantiate the submission of the appellant that he was hospitalized for the aforenoted period.
This contention of the appellant is completely without any merit; the petitioner has admittedly suffered no permanent disability.
Awarded amount calls for no interference.
Appeal is dismissed.
AUGUST 12, 2011 nandan
INDERMEET KAUR, J.
2011:DHC:15416
JUDGMENT