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Judgment
Tarlok Singh Chauhan, J
Aggrieved by the inadequacy of the award passed by the learned Tribunal below, the claimant has filed the instant appeal.
The learned Tribunal below awarded the following amount as compensation, which reads as under:-
Medical expenses and treatment
2,38,624.00
Travelling expenses
22,982.00
Special Diet
5,000.00
Attendant Charges
4,000.00
Pain and sufferings
50,000.00
Frustration, loss of amenities and enjoyment of life
15,000.00
Total
3,35,606.00
Even though no exception can be taken for the amount awarded for medical expenses and treatment and travelling expenses, however, I feel that the amount as awarded against special diet – Rs.5,000/-, attendant charges – Rs.4,000/-, pain and sufferings – Rs.50,000/- and frustration, loss of amenities and enjoyment of life - Rs. 15,000/- is grossly inadequate and at least an additional lump sum amount of Rs.1,00,000/- ought to have been awarded.
Mr. Jagdish Thakur, learned Counsel for respondent No. 3-Insurance Company fairly submits that the observations made by this Court are acceptable to respondent No. 3-Insurance Company and accordingly, respondent No. 3-Insurance Company, would deposit this amount of Rs.1,00,000/- over and above the compensation amount already awarded by the learned Tribunal below within a period of four weeks from today.
The proposal is acceptable to the appellant also. Consequently, the appeal is partly allowed and in addition to the compensation already awarded by the learned Tribunal below, the appellant shall now be entitled to a lump sum compensation of Rs. 1,00,000/-.
The appeal stands disposed of in the aforesaid terms.