Judgment:
FAO No.1834 of 1994 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1834 of 1994 Date of Decision.30.06.2014 Lakhbir Singh through his Mother and natural guardian Smt. Gurbax Kaur ......Appellant Versus Balbir Singh etc. ......Respondents Present: Mr. S.D. Rathore, Advocate for Mr. Vikram Singh, Advocate for the appellant. Mr. R.K. Bashamboo, Advocate for the insurance company. CORAM:HON'BLE MR. JUSTICE K. KANNAN1 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.
1. The appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 24.05.1993. The claimant was 11 years of age and he had been studying in 4th standard at the time of the accident. By virtue of the injuries, his leg was amputated below knee and the doctor had also noticed that there had been laceration on both the patela of his legs. He had been operated upon twice before his leg was amputated. The Tribunal assessed a compensation of ` 1 lac.
2. I find that the Tribunal has not properly assessed the component of pain and suffering, the loss of earning capacity which must be taken as 70% and the loss of amenities of life for a young boy who lost his leg and lost all his frolic in his young life. I reassess the Kamboj Pankaj Kumar 2014.07.02 09:52 I attest to the accuracy and integrity of this document Chandigarh FAO No.1834 of 1994 -2- compensation and tabulate the various heads as under:- INJURY CASE Lakhbir Singh Age 11 years Period of Hospitalization 24.05.1993 to 18.06.1993 Occupation student Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Loss of income 2 Medical expenses 20,000 20,000 (i) Medicines (ii) Hospital Charges (iii) Attendant Charges (iv) Special Diet (v) Transport 3 Pain & Suffering-per fracture/per 1,00,000 surgery 4 Disability 70% 32,000 5 Loss of earning capacity Notional income 15,000 Multiplier 15 70 % of loss of earning capacity 48,000 1,57,500 6. Loss of amenities 1,00,000 7 Reduction in life expectancy 8 Loss of prospect of marriage 25,000 Total 1,00,000 4,02,500 2. There shall be an award of ` 4,02,500/-. The additional amount over what has already been awarded by the Tribunal will also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurance company.
3. The award is modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE June 30, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.02 09:52 I attest to the accuracy and integrity of this document Chandigarh