ANIL KUMAR Vs. SUNIL KUMAR

JUDGEMENT

(1.) The present appeal is brought by the claimant Anil Kumar for enhancement of compensation awarded to him by learned Motor Accidents Claims Tribunal, Bhiwani (for short 'the Tribunal') vide award dated 13.01.2011 in a sum of Rs. 1,72,000 for the injuries he suffered in a vehicular accident that took place on 06.10.2009. Since enhancement is claimed on some minor aspects, there is no necessity to reproduce the facts in detail. The petitioner suffered multiple injuries on his body and became unconscious at the spot. He was taken to PGIMS Rohtak but was admitted in Metro Hospital Hisar in unconscious position.

(2.) Learned counsel for the appellant has submitted that he received two fractures in the lower jaw, fracture of first and second rib on the left side and fracture of right knee. According to him, he has been awarded a sum of Rs. 1,72.000/- as compensation, out of which a sum of Rs. 1,47,648/- alone is represented by the medical bills for the amounts spent during the treatment. According to him, besides the amount of Rs. 1,47,648/-, learned Tribunal has awarded a sum of Rs. 15,000/- as expenses on account of hospitalization, a sum of Rs. 10,000/- for pain and suffering and a sum of Rs. 2500/- on account of transportation. According to him, while computing the total compensation, learned Tribunal even failed to take into account the sum of Rs. 2500/-awarded under the head of transportation.

(3.) Learned counsel for the appellant has further submitted that besides hospitalization for ten days, the appellant suffered four fractures and a sum of Rs. 10,000/- has been awarded compensation for pain and suffering. According to him though there is no head like hospitalization for awarding compensation, yet the compensation could be awarded for loss of income during treatment, for transportation, special diet and attendant charges. He has further submitted that suitable enhancement as compensation be made.