LAWS(P&H)-2011-4-367

KRISHAN PAWAR Vs. BHAGWAN AND ORS

Decided On April 25, 2011
KRISHAN PAWAR Appellant
V/S
Bhagwan And Ors Respondents

JUDGEMENT

(1.) 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.

(2.) The appeal is for enhancement of compensation for death of a child aged 11 years. The Tribunal awarded 2,06,000/- that included 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.

(3.) 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 2,00,000/- as compensation awarded to the parents.