Present: Mr. Sudhir Rana Advocate Vs. Gurmukh Singh ......Appellant - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154548
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantPresent: Mr. Sudhir Rana Advocate
RespondentGurmukh Singh ......Appellant
Excerpt:
fao no.1499 of 1997 -1- in the high court for the states of punjab and haryana at chandigarh fao no.1499 of 1997 date of decision.07.07.2014 gurmukh singh ......appellant versus sher singh and others ......respondents present: mr. sudhir rana, advocate for the appellant. mr. sukhdarshan singh, advocate for respondent no.3. 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 13.05.1994. the claimant was a truck driver and was said to be earning ` 2500/- per month. he was seriously injured in the accident and had compound fracture of left leg above knee and rods were inserted to reduce the fracture. dr. pardeep aggarwal deposed that the claimant was operated on 16.05.1984 and plating of thigh bone was done. on 08.07.1994, he was readmitted at verma nursing home, panchkula and replating was done. later the plate became loose and had to be removed in december, 1994 by operation. after that, the claimant had not visited him for follow up treatment. dr. jps walia entered the witness box as pw4 and gave evidence to the effect that the claimant attended orthopaedic opd on 30.09.1996. his x-ray was done and he was diagnosed with malunited fracture femur left side with shortening of kamboj pankaj kumar 2014.07.09 12:59 i attest to the accuracy and integrity of this document chandigarh fao no.1499 of 1997 -2- lower limb with stiffed knee joint and left hip joint with discharging sinus left thigh with bone grafts taken from both iliac crets. he assessed the claimant with 60% permanent disability. the tribunal has provided ` 35,000/- for medical treatment, ` 10,000/- towards transportation, ` 12,000/- for attendant charges, ` 20,000/- for special diet and ` 25,000/- for pain and suffering. it had also provided ` 2 lacs on account of loss of present and future income to reach a total amount of rs.3,02,000/- as compensation payable.2. the amount of ` 20,000/- for special diet is little bit on the higher side but that i will take as including the loss of income, for the claimant had remained bed ridden for about six months and he could not be able to do any work for that period. if i take the 60% disability to be resulting in 40% loss of earning capacity and adopt a multiplier of 17, the total compensation for loss of earning capacity would come to ` 2,04,000/-. the tribunal had already awarded ` 2 lacs for loss of present and future income. the tribunal has not provided any amount under the head of loss of amenities that i will provide for ` 60,000/-.3. in sum, the claimant shall be entitled to an additional amount of ` 60,000/- over what has already been assessed by the tribunal with interest @7.5% from the petition till the date of payment. the liability shall be in the same manner as determined by the tribunal.4. the award stands modified and the appeal is allowed to the above extent. (k. kannan) judge july 07, 2014 pankaj* kamboj pankaj kumar 2014.07.09 12:59 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.1499 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1499 of 1997 Date of Decision.07.07.2014 Gurmukh Singh ......Appellant Versus Sher Singh and others ......Respondents Present: Mr. Sudhir Rana, Advocate for the appellant. Mr. Sukhdarshan Singh, Advocate for respondent No.3. 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 13.05.1994. The claimant was a truck driver and was said to be earning ` 2500/- per month. He was seriously injured in the accident and had compound fracture of left leg above knee and rods were inserted to reduce the fracture. Dr. Pardeep Aggarwal deposed that the claimant was operated on 16.05.1984 and plating of thigh bone was done. On 08.07.1994, he was readmitted at Verma Nursing Home, Panchkula and replating was done. Later the plate became loose and had to be removed in December, 1994 by operation. After that, the claimant had not visited him for follow up treatment. Dr. JPS Walia entered the witness box as PW4 and gave evidence to the effect that the claimant attended orthopaedic OPD on 30.09.1996. His X-ray was done and he was diagnosed with malunited fracture femur left side with shortening of Kamboj Pankaj Kumar 2014.07.09 12:59 I attest to the accuracy and integrity of this document Chandigarh FAO No.1499 of 1997 -2- lower limb with stiffed knee joint and left hip joint with discharging sinus left thigh with bone grafts taken from both iliac crets. He assessed the claimant with 60% permanent disability. The Tribunal has provided ` 35,000/- for medical treatment, ` 10,000/- towards transportation, ` 12,000/- for attendant charges, ` 20,000/- for special diet and ` 25,000/- for pain and suffering. It had also provided ` 2 lacs on account of loss of present and future income to reach a total amount of Rs.3,02,000/- as compensation payable.

2. The amount of ` 20,000/- for special diet is little bit on the higher side but that I will take as including the loss of income, for the claimant had remained bed ridden for about six months and he could not be able to do any work for that period. If I take the 60% disability to be resulting in 40% loss of earning capacity and adopt a multiplier of 17, the total compensation for loss of earning capacity would come to ` 2,04,000/-. The Tribunal had already awarded ` 2 lacs for loss of present and future income. The Tribunal has not provided any amount under the head of loss of amenities that I will provide for ` 60,000/-.

3. In sum, the claimant shall be entitled to an additional amount of ` 60,000/- over what has already been assessed by the Tribunal with interest @7.5% from the petition till the date of payment. The liability shall be in the same manner as determined by the Tribunal.

4. The award stands modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE July 07, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.09 12:59 I attest to the accuracy and integrity of this document Chandigarh