Judgment:
Archana arora FAO No.848 of 1991 1 2014.03.21 11:54 I am the author of this document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.848 of 1991 Date of decision March 18, 2014 Ram saran ....... Appellant Versus Yadav Ram and others ........ Respondents FAO No.444 of 1991 Vijay Kumar alias Sushil Kumar ....... Appellant Versus Yadav Ram and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashit Malik, Advocate for the appellant. Mr. Rajiv Prasad, DAG., Haryana for respondent Nos. 2 and 3. Mr. R. N. Singal, Advocate **** 1. Whether reporters of local papers may be allowed to see the judgment ?.
2. To be referred to the reporters or not?.
3. Whether the judgment should be reported in the digest?. K. Kannan, J (oral).
1. The appeal FAO No.848 of 1991 is for enhancement of compensation for injuries suffered that resulted in fracture of the right and left femur. He was said to have been hospitalized for 1 ½ month. He was 25 years of age. The accident had taken place on 21.7.1986. The injury was supposed to have resulted in 10% disability. The tribunal had provided for compensation of `45,480/- for various heads which are tabulated FAO No.848 of 1991 2 along with this petition. I would find that the only head of claim which is not made is attendant charges and special diet which if appropriate evidence had been brought could have been reasonably well provided. I will make a provision for loss of amenities at `6,000/- since the tribunal has already provided for loss of earning capacity at `12,480/-. This would mean that there shall be additional compensation assessed at `10,000/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.
2. In FAO No.444 of 1991 the claimant was an injured in the very same accident referred to above in the above said case. The difference in this case is that he had fracture of shaft of femur of both the legs. He was hospitalized for a longer period of two months and had also a disability assessed at 13%. I will provide for a modest increase of the component of pain and suffering. I will also provide for additional amount for loss of amenities that will provide for a increase of `25,000/- more than what has already been assessed. The various heads of claim are tabulated as under:- Injury Cases Date of accident 21.7.86 Age:
20. Period of 2 months hospitalization Occupation & Income Helper 500/- Heads of Claim Tribunal High Court Sl No Amount (Rs) Amount (Rs) 1 Loss of Income 3000/- 3000/- from to 2 Medical Expenses: (i) Medicines 5000/- 5000/- FAO No.848 of 1991 3 Injury Cases Date of accident 21.7.86 (ii) Hospital Charges (iii) Attendant Charges 2500/- (iv) Special Diet 2500/- (v) Transportation 3 Pain and Suffering 25,000/- 30,000/- 4 Disability 5 % of Loss of 12,480/- earning capacity 12,480/- Loss of amenities 15,000/- Multiplier Total 45480/- 70,000/- The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The liability shall be in the same manner as provided by the Tribunal.
3. The award is modified and the appeal is allowed. (K. KANNAN) JUDGE March 18, 2014 archana