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2011 Supreme(P&H) 1268

K.KANNAN
Master Akash – Appellant
Versus
Gurdev Singh Mohal – Respondent


Advocates:
For the Appellant in FAO No.2009 of 2006
and for respondent No.1 in FAO No.3056 of 2006:Mr Vishal Aggarwal, Advocate.

JUDGMENT

K. Kannan, J. (Oral):- Both the appeals are connected. FAO No.3056 of 2006 is at the instance of the Insurance Company and FAO No.2009 of 2006 is at the instance of the claimant for enhancement. There is no representation for the Insurance Company and I dismiss the appeal filed by the Insurance Company challenging the award. The case is being taken up for disposal on merits only with reference to FAO No.2009 of 2006 which deals with the issue of enhancement of claim for compensation.

2. A child, who was 11 years of age at the time of the accident, has remained in a permanently vegetative state since 19.10.1998. During the pendency of the appeal, the Bench of this Court has directed a fresh assessment of the child by examination before PGI, Chandigarh. The Court in its order dated 06.03.2009 took note of the present physical condition and the assessments made by the Medical Board relating to the possible expenses that may have to be incurred for the taking care of the claimant in his present vegetative state. The direction became necessary for realizing some amounts for the expenses for the child when the Insurance Company had obtained an order of stay of the award. The Medi




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