Allowed

Santosh Kumari v. State of Haryana and Ors.

Punjab & Haryana HC1 May 2012FAO/2083/2010

Case brief

AI extract

What is this about?

The appellant complained that `20,000/- awarded for special diet, transportation, and attendant charges was insufficient considering 51 days of hospitalization. The Court allowed the appeal to this extent, enhancing the compensation by another `20,000/-.

What did the court decide?

Enhanced compensation of `20,000/- allowed for special diet, transportation and attendant charges.

Santosh Kumari Vs State of Haryana and Ors. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No. 2083 of 2010 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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FAO No. 2083 of 2010 (O&M) Date of decision : 1.5.2012

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Santosh Kumari

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................Appellant vs.

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State of Haryana and others

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.................Respondents

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Coram: Hon'ble Mr. Justice K.C. Puri

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Present: Sh. B.S. Dhillon, Advocate for the appellant

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Sh. S. S. Goripuria, Deputy Advocate General, Haryana for respondents No. 1 and 2.

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Sh. B.K. Bagri, Advocate for respondent No. 3.

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Sh. Mukesh Yadav, Advocate for Ms. Lovejinder Kaur, Advocate for respondent No.4Insurance company.

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K.C. Puri, J.

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There is a delay of 36 days in filing the present appeal. The

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same stands condoned on the grounds mentioned in the application.

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This is an appeal directed by the injured-claimant against the award dated 19.9.2009 passed by Sh. B.M. Bedi, Motor Accident Claims Tribunal, Ambala, vide which a sum of `3,82,300/- was

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FAO No. 2083 of 2010 -2-

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allowed, the detail of which is given as under:-
Compensation on account of expenditure on treatment	`1,72,299/-
Compensation on account of permanent disability to the extent of 20%	`40,000/-
Compensation on account of pain and suffering	`1,00,000/-
Compensation on account of special diet, transportation & attendant	`20,000/-
Compensation on account of loss of enjoyment of life	`25,000/-
---- Total =	------------------ `3,82,299/-
(in round figure) ----	`3,82,300/- ------------------

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The only point urged before me is that the amount of compensation in respect of special diet, transportation and attendant charges to the tune of `20,000/- is on lower side and that requires enhancement. It is submitted that the claimant remained admitted in the hospital for 51 days. No other point has been urged.

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Keeping in view the period of hospitalization, another sum of `20,000/- stands allowed in respect of special diet, transportation and attendant charges. The enhanced amount shall carry same rate of interest as ordered by the Tribunal. The liability to pay the enhanced amount shall also be the same as ordered by the Tribunal. The appeal stands allowed to that extent only.

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1.5.2012 chugh

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( K.C. Puri ) Judge

Santosh Kumari v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Santosh Kumari v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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