Bhupender Minor Through His Mother And Natural Guardian Savita v. Sanjay And Others

FAO 4697/2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO 4697/2022(O&M) Date of decision:12/01/2023 Bhupender minor through his mother and natural guardian Savita ..................Appellant Vs.

Sanjay and others .....................Respondents

CORAM

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr.Rahul Vats, Advocate for the appellant.

Nidhi Gupta, J.

CM 14907-CII/2022 The aforesaid application has been filed u/s 5 of the Limitation Act seeking condonation of delay of 3 days in filing the appeal. For the reasons stated in the application coupled with the fact that the delay is insignificant, the application is allowed and delay condoned. Main Appeal.

The only contention raised by learned counsel for the appellant for seeking enhancement of compensation of Rs.1,80,950/- awarded by MACT, Palwal to the appellant/ injured-claimant, is that appellant was RAJINDER PARSHAD JOSHI 2023.01.17 10:13 I attest to the accuracy and integrity of this document

FAO 4697/2022 only 15 years old at the time of accident, and no future medical expenses or future prospects have been granted to the appellant. No other argument has been raised.

Heard learned counsel.

It is not in dispute that the appellant has only suffered fractures of his arms. Admittedly no permanent disability has been suffered by the appellant. Keeping in view these facts, the Ld. Tribunal has awarded category-wise compensation, as reproduced hereunder:- Pain and suffering Rs.20,000/- Special diet and attendant charges Rs.10,000/- Transportation charges for treatment Rs.10,000/- Treatment expenses including medicines Rs.1,40,950/- Total Rs.1,80,950/- After going through the Award I find that the Ld. Tribunal has awarded reasonable and fair compensation in the facts and circumstances of the case. The appeal filed by the mother of the appellant for enhancement of compensation has already been dismissed by this Court vide order dated 20.12.2022 passed in FAO 3723/2022.

Accordingly, no ground is made out to interfere with the impugned Award and hence, the present appeal is dismissed. 12/01/2023 (Nidhi Gupta) Joshi Judge Whether speaking/reasoned Yes Whether reportable Yes/No RAJINDER PARSHAD JOSHI 2023.01.17 10:13 I attest to the accuracy and integrity of this document