FAO No.1495 of 1995 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1495 of 1995 Date of Decision.09.12.2010 Rajni Verma wife of Shri Shalinder Verma, Amar Cottage Nigam Vihar, Shimla-2. ......Appellant Versus Shri Sanjay Arya son of Shri P.P. Arya resident of House No.313 Sector 7, Panchkula (Driver, owner of Maruti Car No.PAA-9495) and others ......Respondents Present: None for the appellant. None for respondent Nos.1 and 2. Mr. Neeraj Khanna, Advocate for the insurance company. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. 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.(ORAL) 1. The appeal is for enhancement of compensation for injury suffered in a motor accident where the claimant had lost her vision, for her eye was excised through a surgery when the initial attempt of conservative treatment through surgery by removal of glass pieces did not yield fruit. The Tribunal had provided for medical expenses at Rs.30,000/-, although no documents had been filed and also provided for Rs.5,000/- towards transports expenses. It had granted Rs.15,000/- for financial loss. The Tribunal has granted Rs.25,000/- towards pain and suffering and permanent disability. I will take the compensation as Rs.25,000/- only for pain and suffering as inadequate, FAO No.1495 of 1995 -2- for she has undergone two surgeries and she has had the discomfiture of having to cope with glass pieces in her eyes and the component of pain must have been very high. I will remove the quantum of compensation as going also towards the permanent disability, which I will deal with separately. Towards financial loss, the Tribunal assessed Rs.15,000/-. The method of assessing compensation for injury in a case where a person had said that she was doing some business in sale of jewels and pearls and earning Rs.3,000/-, the loss of earning capacity must have been taken in the manner provided under Schedule II of the Motor Vehicles Act itself. The loss of earning capacity for loss of eye is 40% and I would assess the loss as provided under Schedule II as Rs.2,59,200/-. The loss of eye for a woman, even apart from the business that she was doing, would have seriously impaired her household chores as well. The accident was of the year 1991 and 60% disability, which was assessed, I would provide for Rs.30,000/- as going towards loss of amenities of life. In all, the total amount that will become payable would be Rs.3,14,200/-. The Tribunal has awarded Rs.75,000/-. The amount in excess over what has been awarded by the Tribunal shall carry interest @6% from the date of the petition till the date of payment. 2. The appeal is allowed to the above extent. (K. KANNAN) JUDGE December 09, 2010 Pankaj*