AI Structured Summary
Not yet generated for this judgment
Judgment
M. Jeyapaul, J.
C.M.No.28147-CII of 201
For the reasons stated in the application, the delay in filing the appeal is allowed.
FAO No.6460 of 2010
The injured claimant challenges the quantum of compensation fixed by the Tribunal. The award passed by the Tribunal is attacked on two grounds:
1) No amount was awarded towards special diet.
2) The Tribunal has not awarded anything towards loss of earning during the period he took treatment as in patient in the hospital.
Heard the submission made by Learned Counsel appearing for the appellant as well Learned Counsel appearing for respondent no.3.
As regards the special diet, the averment found in the grounds of appeal give an interesting reading. He has claimed a sum of Rs. 8,000/-spent
on the tea etc. served to the guests who came to see him. The Tribunal is not supposed to grant any compensation towards the amount spent on
treating the guests at the hospital during the period the appellant took treatment. As a patient he has not come forward with any plea that he spent
any amount on special diet during the treatment. Therefore, I am not inclined to award anything towards the above special diet claimed by the
appellant.
I find that there is some force in the submission made by Learned Counsel appearing for the appellant that the Tribunal has totally ignored the
loss of income of the appellant during the period when he was completely bed ridden as in patient in the hospital.
It appears that the appellant had taken treatment for about 12 days. On account of the nature of injury he sustained he would have been
definitely bed ridden at least for a period of 1-1 1/2 months. Therefore, at least a sum of Rs. 6,000/-has to be awarded towards loss of income for
about 1-1 1/2 months the appellant would have been bed ridden and taken rest.
In view of the above, a sum of Rs. 6,000/-over and above the amount awarded by the Tribunal is awarded to the appellant with interest at the
rate of 6% per annum for the above enhanced amount from the date of petition till the date of realization is awarded. With the above modification
in the quantum of compensation, the appeal is partly allowed.