Present:- Mr. Jagdish Manchanda Advocate Vs. Aas Mohammed and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1156407
CourtPunjab and Haryana High Court
Decided OnJul-14-2014
AppellantPresent:- Mr. Jagdish Manchanda Advocate
RespondentAas Mohammed and Others
Excerpt:
archana arora fao no.1310 of 1999 1 2014.07.17 16:07 i am the author of this document in the high court of punjab & haryana, chandigarh fao no.1310 of 1999 date of decision: july 14, 2014 kalu ram ......appellant versus aas mohammed and others .......respondents coram: hon'ble mr.justice k. kannan present:- mr.jagdish manchanda, advocate for the appellant. none for the respondents. **** k. kannan, j (oral).1. third respondent is represented through counsel. notice to respondent nos.1 and 2 is dispensed with. 2. the appeal is for enhancement of compensation for injury suffered in a motor accident that took place on 24.2.1996. the deceased was 42 years of age and he had suffered three fractures in his right leg and the injuries resulted in amputation of the big toe. the doctor who had examined him certified that his disability was permanent to the extent of 20% and he had also suffered temporary disability to the extent of 21%. the tribunal assessed `94,517/- as compensation under various heads but made a partial abatement of 50% on the basis of evidence that the accident had taken place at the road intersection when the claimant motor cycle had dashed against the rear side of the truck. fao no.1310 of 1999 2 in a case where the accident takes place at a road intersection and the collision has taken place at the rear side of the truck the tribunal was justified in apportioning equal responsibility for the accident on both the drivers and if the tribunal had found the claimant to be equally negligent i will find no reason for modifying the same. 3. as regards the various heads of claim which are addressed i would find that the case would require a modification for component of pain and suffering for three fractures and amputation which were stated to the corrected through operations made twice. i will provide for attendant charges, special diet and transportation, as also assess for pain and suffering at the rate of `7500/- per fracture and `5,000/- for each of the surgical interventions. the amputation always results of loss of earning capacity as well and i will take the income taken by the tribunal at `3,000/- and apply the loss of earning capacity at 14% being percentage mentioned as for scheduled injury under the employees compensation act. i will re-work the compensation and the various heads of claim are tabulated as under:- injury cases age: 42 period of hospitalization occupation & income heads of claim tribunal high court sl no amount (rs.amount (rs.1 loss of income 6,000/- from to 2 medical expenses: (i) medicines 15517/- 15517/- fao no.1310 of 1999 3 injury cases (ii) hospital charges (iii) attendant charges 2000/- (iv) special diet 2000/- (v) transportation 1000/- 3 pain and suffering 20,000/- 32,500/- 4 disability 20% 5 loss of earning 14% capacity income 3000/- multiplier 14 6 loss of amenities 50,000/- 25,000/- 7 reduction in life expectancy % of loss of earning 70560/- capacity total 94517/- 1,54,577/- the aggregate will be `1,54,577/- and after making an abatement of 50% for contributory negligence the amount of compensation payable will be `77,288.50 which i will round off to `77,300/-. the amount in excess of what has already been granted by the tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. 4. the award stands modified and the appeal is allowed to the above extent. (k. kannan) judge july 14, 2014 archana
Judgment:

Archana arora FAO No.1310 of 1999 1 2014.07.17 16:07 I am the author of this document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.1310 of 1999 Date of decision: July 14, 2014 Kalu Ram ......Appellant Versus Aas Mohammed and others .......Respondents CORAM: HON'BLE Mr.JUSTICE K.

KANNAN Present:- Mr.Jagdish Manchanda, Advocate for the appellant.

None for the respondents.

**** K.

Kannan, J (oral).1.

Third respondent is represented through counsel.

Notice to respondent Nos.1 and 2 is dispensed with.

2.

The appeal is for enhancement of compensation for injury suffered in a motor accident that took place on 24.2.1996.

The deceased was 42 years of age and he had suffered three fractures in his right leg and the injuries resulted in amputation of the big toe.

The doctor who had examined him certified that his disability was permanent to the extent of 20% and he had also suffered temporary disability to the extent of 21%.

The tribunal assessed `94,517/- as compensation under various heads but made a partial abatement of 50% on the basis of evidence that the accident had taken place at the road intersection when the claimant motor cycle had dashed against the rear side of the truck.

FAO No.1310 of 1999 2 In a case where the accident takes place at a road intersection and the collision has taken place at the rear side of the truck the tribunal was justified in apportioning equal responsibility for the accident on both the drivers and if the tribunal had found the claimant to be equally negligent I will find no reason for modifying the same.

3.

As regards the various heads of claim which are addressed I would find that the case would require a modification for component of pain and suffering for three fractures and amputation which were stated to the corrected through operations made twice.

I will provide for attendant charges, special diet and transportation, as also assess for pain and suffering at the rate of `7500/- per fracture and `5,000/- for each of the surgical interventions.

The amputation always results of loss of earning capacity as well and I will take the income taken by the tribunal at `3,000/- and apply the loss of earning capacity at 14% being percentage mentioned as for scheduled injury under the Employees Compensation Act.

I will re-work the compensation and the various heads of claim are tabulated as under:- Injury Cases Age: 42 Period of hospitalization Occupation & Income Heads of Claim Tribunal High Court Sl No Amount (Rs.Amount (Rs.1 Loss of Income 6,000/- from to 2 Medical Expenses: (i) Medicines 15517/- 15517/- FAO No.1310 of 1999 3 Injury Cases (ii) Hospital Charges (iii) Attendant Charges 2000/- (iv) Special Diet 2000/- (v) Transportation 1000/- 3 Pain and Suffering 20,000/- 32,500/- 4 Disability 20% 5 Loss of earning 14% capacity Income 3000/- Multiplier 14 6 Loss of amenities 50,000/- 25,000/- 7 Reduction in life expectancy % of loss of earning 70560/- capacity Total 94517/- 1,54,577/- The aggregate will be `1,54,577/- and after making an abatement of 50% for contributory negligence the amount of compensation payable will be `77,288.50 which I will round off to `77,300/-.

The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.

4.

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

(K.

KANNAN) JUDGE July 14, 2014 archana