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Judgment
K. Kannan, J.
CM No.32210-CII of 2010
There is a delay of 69 days in refiling the appeal. For the reasons stated in the application, application is allowed. Delay of 69 days in refiling the appeal is condoned.
FAO No.7293 of 2011
The appeal is for enhancement of compensation for death of a child aged 11 years. The Tribunal awarded Rs. 2,06,000/- that included Rs. 6,000/-for funeral expenses. Learned Counsel points out that the Tribunal has not made any provision for transportation in a case where the deceased had been taken to Civil Hospital, Sonipat and from where he was shifted to PHIMS, Rohtak where he succumbed to the injuries.
The appeal for enhancement cannot be undertaken only for the purpose of examination whether the transportation charges could have been also paid or not. This amount must be taken as duly factored in its ultimate assessment of Rs. 2,00,000/- as compensation awarded to the parents.
I find no reason to enhance the amount. The award is confirmed and the appeal is dismissed.