FAO No.493 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.493 of 2011 Date of decision April 20, 2011 Ajmer Singh ....... Appellant Versus Chamkaur Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Ms. Maninder Kaur, Advocate for Ms. Sonia G Singh, Advocate for the appellant. **** 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). CM No.1661-CII of 2011 1. There is a delay of 119 days in filing the appeal. For the reasons stated in the application, application is allowed. Delay of 119 days in filing the appeal is condoned. FAO No.493 of 2011 2. The appeal is for enhancement of claim for compensation for injury suffered in a motor accident. The claimant had been hospitalized after the accident and taking treatment from 10.6.2008 to 12.6.2008 and again for 13 days commencing from 12.6.2008. The petitioner had suffered fracture of the lower end of radius for which POP cast had been applied and the petitioner had been taking treatment for the gravity of the problem, since he was a diabetic and he required serious medical attention and he had minimal free fluid in the peritoneal cavity that FAO No.493 of 2011 2 had to be attended with special care. For assessing the compensation the Tribunal had addressed claims under the following head: 1. Actual amount of bills/receipts on record `8,000/- 2. Attendant charges for the period of Hospitalization and sometime thereafter `10,000/- 3. Special diet/extra nourishment `12,000/- 4. Loss of income during the period of 5. hospitalization and sometime thereafter `15,000/- 6. Conveyance charges `15,000/- 7. Pain and Suffering `20,000/- ` Total `80,000/- 3. Learned counsel appearing for the appellant states that the assessment of `8,000/- as compensation in a case where the patient had been taking treatment for more than three weeks was grossly low. It must be noticed that the Tribunal has provided for what was supported through the bills and had also added `10,000/- for attendant charges and provided also reasonable amount for special diet at `12,000/- for a three week long hospitalization. Learned counsel contends that claimant was earning `10,000/- per month in his dairy business and as an accountant in a brick kiln. With no definite proof in proficiency of accounts, the Tribunal took the income to be `4,000/- and provided for loss of income at `15,000/- for three months and more. The Tribunal has considered every head of claim properly and I do not find any scope for enhancement. 4. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE April 20, 2011 archana FAO No.493 of 2011 3