Present: Mr. Ajay JaIn Advocate Vs. Jiwan Lal and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1127604
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantPresent: Mr. Ajay JaIn Advocate
RespondentJiwan Lal and Another
Excerpt:
kumar sanjeev 2014.02.19 13:56 in the high court of punjab and haryana at chandigarh fao no.1902 of 1995 (o&m) date of decision: 11.02.2014 ramji lal and another ..appellants versus jiwan lal and another ...respondents coram: hon’ble mr.justice k. kannan ---- present: mr.ajay jain, advocate, for the appellants. none for the respondents. ---- 1. whether reporters of local papers may be allowed to see the judgment ?. no.2. to be referred to the reporters or not ?. no.3. whether the judgment should be reported in the digest ?. no.---- k.kannan, j. (oral) 1. the appeal is for enhancement of compensation for injuries suffered in a motor accident to a boy, aged 8 years.he had a fracture of his leg that was required to be corrected through surgical interventions. he was operated upon on 27.01.1994 and 05.02.1994. his total period of hospitalization is 33 days. the claimant did not produce all medical bills but claimed that he had spent about `25,000/- which included transportation from narnaul to jaipur for treatment. the tribunal provided for `10,000/- for medical expenses, special diet and transportation etc.and `40,000/- fao no.1902 of 1995 (o&m) -2- towards pain and suffering. for a fracture that resulted in shortening of the leg by half inch which would be a lifelong disability, i will provide for `40,000/- and also provide for attendant charges, special diet etc.for the loss of amenities specifically awarded, i reduce the component of pain and suffering and rework the compensation and table them as follows:- date of accident 27.01.1994 age: 8 years period of hospitalization:27.01.94 to 13.2.1994; 3.3.94 to 12.03.94 33 days occupation & income : refrigerator mechanic heads of claim tribunal high court sr.no.amount ` amount ` 1. loss of income from to 2. medical expenses: i) medicines ii) hospital charges 10,000 10,000 iii) attendant charges 3,000 iv special diet 3,000 v transportation 3,000 3. pain & suffering 40,000 20,000 4. disability 20% 20% 5. loss of earning power in percentage i) income ii) multiplier iii) loss of earning capacity 6. loss of amenities 40,000 7. reduction in life expectancy 8. loss of prospect of marriage total 50,000 79,000 2. the amount in excess over what has been awarded already by the tribunal will attract interest at 7.5% from the date of petition till date of payment. the liability shall be on the respondents as determined already. fao no.1902 of 1995 (o&m) -3- 3. the award stands modified and the appeal is allowed to the above extent. (k.kannan) judge1102.2014 sanjeev
Judgment:

Kumar Sanjeev 2014.02.19 13:56 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1902 of 1995 (O&M) Date of decision: 11.02.2014 Ramji Lal and another ..Appellants versus Jiwan Lal and another ...Respondents CORAM: HON’BLE Mr.JUSTICE K.

KANNAN ---- Present: Mr.Ajay Jain, Advocate, for the appellants.

None for the respondents.

---- 1.

Whether reporters of local papers may be allowed to see the judgment ?.

No.2.

To be referred to the reporters or not ?.

No.3.

Whether the judgment should be reported in the digest ?.

No.---- K.Kannan, J.

(Oral) 1.

The appeal is for enhancement of compensation for injuries suffered in a motor accident to a boy, aged 8 yeaRs.He had a fracture of his leg that was required to be corrected through surgical interventions.

He was operated upon on 27.01.1994 and 05.02.1994.

His total period of hospitalization is 33 days.

The claimant did not produce all medical bills but claimed that he had spent about `25,000/- which included transportation from Narnaul to Jaipur for treatment.

The Tribunal provided for `10,000/- for medical expenses, special diet and transportation etc.and `40,000/- FAO No.1902 of 1995 (O&M) -2- towards pain and suffering.

For a fracture that resulted in shortening of the leg by half inch which would be a lifelong disability, I will provide for `40,000/- and also provide for attendant charges, special diet etc.For the loss of amenities specifically awarded, I reduce the component of pain and suffering and rework the compensation and table them as follows:- Date of accident 27.01.1994 Age: 8 years Period of hospitalization:27.01.94 to 13.2.1994; 3.3.94 to 12.03.94 33 days Occupation & income : Refrigerator Mechanic Heads of Claim Tribunal High Court Sr.No.Amount ` Amount ` 1.

Loss of income from to 2.

Medical expenses: i) Medicines ii) Hospital charges 10,000 10,000 iii) Attendant charges 3,000 iv Special diet 3,000 v Transportation 3,000 3.

Pain & suffering 40,000 20,000 4.

Disability 20% 20% 5.

Loss of earning power in percentage i) Income ii) Multiplier iii) loss of earning capacity 6.

Loss of amenities 40,000 7.

Reduction in life expectancy 8.

Loss of prospect of marriage Total 50,000 79,000 2.

The amount in excess over what has been awarded already by the Tribunal will attract interest at 7.5% from the date of petition till date of payment.

The liability shall be on the respondents as determined already.

FAO No.1902 of 1995 (O&M) -3- 3.

The award stands modified and the appeal is allowed to the above extent.

(K.KANNAN) JUDGE1102.2014 sanjeev