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PRABHUSINGH v GANESH & ANR - CMA Case No. 882 of 2001  RD-RJ 521 (28 March 2006)
S.B. CIVIL MISC. APPEAL NO. 882/2001
Date : 29.03.2006
HON'BLE MR. BHAGWATI PRASAD, J.
Mr. G. Vaishnav for the appellant.
Mr. Sajjan Singh for respondent no.1 ====
In this case, the appeal is filed for enhancement of the award. The injured has sustained fracture of right knee and two ribs have been fractured.
The tribunal has awarded Rs.66,000/- for expenses on treatment and Rs.2000/- have been awarded for transportation to the hospital. Rs.15,000/- have been awarded as loss of income. Rs.20,000/- have been awarded for mental agony and permanent disability. In all, Rs. 1,03,000/- have been awarded to the claimant out of which Rs. 66,000/- is for treatment and Rs. 2,000/- is for transportation. If this amount of medicine and treatment etc is deducted, then the amount which has been awarded for injuries, pain and sufferings appears to be grossly insufficient. In that background, the award deserves to be enhanced.
Instead of Rs. 20,000/- for mental agony etc, the amount is enhanced to
Rs.70,000/-. With this enhancement, the award gets enhanced by Rs.50,000/- and becomes Rs.1,53,000/-. The Tribunal will pass a fresh award incorporating the aforesaid modification.
The appeal is disposed of.
(BHAGWATI PRASAD), J. bjsh
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