FAO No. 569 of 2011 1 FAO No. 570 of 2011 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 569 of 2011 Date of decision May 18, 2011 Rinku ....... Appellant Versus Dharam Pal and others ........Respondents FAO No. 570 of 2011 Davindere Singh ....... Appellant Versus Dharam Pal and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Sushil Bhardwaj, 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). 1. The appeal is for enhancement of compensation for injury suffered in a motor accident. The Tribunal had provided for the following:- 1 Compensation on account of 10% disability `20,000/- 2 Compensation towards pain and sufferings `15,000/- 3 Compensation towards medical expenses `1,50,000/- 4 Compensation towards special diet, transportation etc. ` 5,000/- 5 Compensation towards loss of amenities, enjoyment in life. `15,000/- Total `2,00,000/- 2. Learned counsel states that the Tribunal has not FAO No. 569 of 2011 2 FAO No. 570 of 2011 awarded compensation for attendant charges. In a case where the Tribunal has provided for a compensation for disability without loss of earning capacity. I would understand the provision for loss of amenities as an independent head is a duplication of award when the Tribunal was assessing a compensation of `20,000/- for 10% disability. I will therefore take the provision made for loss of amenities as substantially including a provision for attendant charges as well. 3. Learned counsel further argues that no provision has been made for loss of studies, I find that he had been discharged from hospital on 25.3.2008 and readmitted on 1.5.2008 when internal fixation had been done. There is nothing to show that he had lost any studies on account of the injuries. It is a matter of fact that has to be established at the trial and it cannot be a matter of inference for a counsel to make on behalf of the party. I find that all the heads of claims have been considered and on the basis of evidence adduced and I see no reason for making an intervention for enhancement. The award is confirmed and the appeal is dismissed. 4. FAO No. 570 is for enhancement of compensation by the claimants. The Tribunal has assessed the compensation in the following manner:- 1 Compensation on account of 12% disability 24,000/- 2 Compensation towards pain and sufferings `10,000/- 3 Compensation towards medical expenses `1,00,000/- 4 Compensation towards special diet, transportation etc. `5,000/- 5 Compensation towards loss of amenities, enjoyment in life. `10,000/- Total `1,49,000/- FAO No. 569 of 2011 3 FAO No. 570 of 2011 The objection mounted to the reasoning is on the same lines as adverted to in the connected case. I do not find any material for enhancement. The awards in both the appeals are confirmed and the appeals are dismissed. JUDGE (K. KANNAN) May 18, 2011 archana