Skip to content


Present: Mr. Neeraj Khanna Advocate Vs. Bhag Singh and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Present: Mr. Neeraj Khanna Advocate

Respondent

Bhag Singh and Others

Excerpt:


.....claim for compensation for injuries suffered in a motor accident that took place on 02.04.1999. the doctor, who had examined him, spoke about the fact that the claimant had suffered a partial restriction of movements of the right wrist on account of fracture of both bones of the right forearm. he had stated the disability to be qua the whole body. the tribunal took the average income at `100/- and applied 40% disability as constituting 40% loss of earning capacity took the average number of days of working for 25 days and assessed the loss of earning capacity at `1,80,000/-. kumar sanjeev 2014.06.30 15:37 i attest to the accuracy and integrity of this document fao no.3796 of 2001 (o&m) -2- 2. i must observe that the whole component of hand from shoulder to the tip of the finger has 90% functional ability and fracture of two bones of the forearm could at best only be the disability as assessed qua arm and not for the whole body. i would assess the quality of medical evidence to be not upto the mark but the tribunal which has taken the disability as constituting a like percentage of loss of earning capacity has provided compensation rather adequately. although the claimant stated.....

Judgment:


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3796 of 2001 (O&M) Date of decision:30.06.2014 Ilamdin ..Appellant versus Bhag Singh and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.

KANNAN ---- Present: Mr.Neeraj Khanna, Advocate, for the appellant.

Mr.Pardeep Goyal, Advocate, for the Insurance Company.

---- K.Kannan, J.

1.

The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident that took place on 02.04.1999.

The doctor, who had examined him, spoke about the fact that the claimant had suffered a partial restriction of movements of the right wrist on account of fracture of both bones of the right forearm.

He had stated the disability to be qua the whole body.

The Tribunal took the average income at `100/- and applied 40% disability as constituting 40% loss of earning capacity took the average number of days of working for 25 days and assessed the loss of earning capacity at `1,80,000/-.

Kumar Sanjeev 2014.06.30 15:37 I attest to the accuracy and integrity of this document FAO No.3796 of 2001 (O&M) -2- 2.

I must observe that the whole component of hand from shoulder to the tip of the finger has 90% functional ability and fracture of two bones of the forearm could at best only be the disability as assessed qua arm and not for the whole body.

I would assess the quality of medical evidence to be not upto the mark but the Tribunal which has taken the disability as constituting a like percentage of loss of earning capacity has provided compensation rather adequately.

Although the claimant stated that he had spent `1 lakh, there were no bills produced before the court and the Tribunal has therefore provided for `20,000/- towards medicines, `15,000/- for pain and suffering and `5,000/- for special diet.

It also provided another `20,000/- towards loss of amenities for the disability that he had.

All the heads of claims have been addressed and I would find no scope for further enhancement.

The award is confirmed and the appeal is dismissed.

(K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:37 I attest to the accuracy and integrity of this document




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //