Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.112 of 1999 (O&M) Date of decision:30.06.2014 Itwari ..Appellant versus Azad and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.
KANNAN ---- Present: Mr.Sanjay Vij, Advocate, for the appellant.
Mr.V.Ramswaroop, Advocate, for respondent No.3.
---- K.Kannan, J.
1.
The appeal is against the assessment to compensation for personal injuries suffered by the claimant in a motor accident that took place on 15.07.1993.
The claimant had suffered amputation of the right arm that was assessed at 90% disability.
He was said to be a Potter and his contention was that he was earning about `3,000/- per month.
The Tribunal merely provided for the cost of medicines at `2,573/-, `2,000/- for transportation and assessed `90,000/- for disability and pain and suffering.
I find the assessment to be grossly deficient and rework the compensation and tabulate the various heads of claims as under:- Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.112 of 1999 (O&M) -2- Date of accident: 15.07.1993 Itwari Age: Period of hospitalization: Occupation & income : Potter ` 3,000/- per month Heads of Claim Tribunal High Court Sr.No.Amount ` Amount ` 1.
Loss of income from to 2.
Medical expenses: i) Medicines 2,573.40 10,000 ii) Hospital charges iii) Attendant charges 2,500 iv Special diet 2,500 v Transportation 2,000 4,000 3.
Pain & suffering 90,000 1,00,000 4.
Disability 90% 5.
Loss of earning capacity i) Income 2,000 ii) Multiplier 17 iii) 90% loss of earning capacity 3,67,200 6.
Loss of amenities 1,00,000 7.
Reduction in life expectancy 8.
Loss of prospect of marriage Total 94,573.40 5,86,200 In the manner of assessment, I have taken the disability as constituting an equal percentage of loss of earning capacity as well.
Considering the fact that the accident had taken place in 1993, I have taken the average income at `2,000/- per month being more than the minimum wages payable for semi-skilled person like a potter and with no evidence available as regards the age, I assume that he is a young person and apply a multiplier of 17.
He had filed documents to show transportation expenses at `4,000/-.
The Tribunal had provided only `2,000/- on account of the fact that he had not produced evidence of the person that issued the receipts.
I Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.112 of 1999 (O&M) -3- have accorded to the claimant the compensation as claimed as regards transportation.
He also stated that he had spent `40,000/- towards medical expenses, but the bills supplied only to the tune of `2,753/-.
Considering the fact that he had suffered amputation and he must have nursed the injury for some time, I will provide for `10,000/- as the likely expenses.
I have also provided modestly for attendant charges and special diet.
There shall be an award of `5,86,200/- as payable and the additional amount of compensation secured through this award will attract interest at 9% per annum from the date of petition till date of payment.
The liability shall be on the Insurance Company.
2.
The award stands modified and the appeal is allowed to the above extent.
(K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document