F.A.O.NOs. 1508 & 1507 OF 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1508 OF 1992 Date of decision:14th December, 2010 Lali widow of Daya Nand alias Fauji son of Baje Ram and others .......Appellants Versus State of Haryana and others ........Respondents F.A.O. No. 1507 of 1992 Samey Singh son of Sh. Gugan, son of Sh. Chhottu, resident of H.No. 201, Harijan Mohalla, Nangloi, Delhi-41 .........Appellant Versus State of Haryana and others .........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Akashdeep Singh, Advocate, for the claimants. Mr. Kunal Garg, AAG, Haryana for the State of Haryana. 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 appeals are for enhancement of claim for compensation for death and injury. FAO NO. 1507 of 1992 addresses the issue of claim for injuries where the claimant had suffered fractures of second and third ribs on the right side and fracture of left F.A.O.NOs. 1508 & 1507 OF 1992 2 fibula and compound fracture of both bones of right leg. He had been hospitalised for 15 days. The Tribunal assessed the loss due to pain and suffering and loss of income at Rs. 35,000/-. Having regard to the fact that there were bills to the extent of Rs. 21,000/- and evidence of the doctor to say that he had charged Rs. 5,000/-, the Tribunal had also provided Rs. 35,000/- towards medical expenses. In all the amount of compensation awarded by the Tribunal would become Rs. 70,000/-. The only head of claim which would require to be re- assessed in my view is the loss of earning for a driver who at the time of evidence after 1½ years of the accident, was still unable to drive and the doctor had given evidence that he was still under his treatment and that he could not drive at that time. The doctor however, said that he would require a long treatment but would not go as far as to say that he will not be able to drive at all. The disability was therefore, temporary and I will therefore, provide for an additional amount of Rs. 10,000/- towards disability. Further, I would take the evidence of the doctor that he was unable to drive till the time when he gave evidence and for driving he would still require some more months to recover and I would take the average loss of income at Rs. 3,000/- per month and provide for three years loss of income and assess the same at Rs. 1,08,000/-(3000 x 3 x 12). The additional amount of compensation shall therefore, be Rs. 1,18,000/- over what has already been awarded and this amount shall attract interest at 6% from the date of the petition till the date of payment. F.A.O.NOs. 1508 & 1507 OF 1992 3 The tabulated form of these calculations are as under:- INJURY CASES Age 22 years Period of hospitalisation 10.01.1991 to 16.01.1991 15 days Occupation and Income Driver 3,000/- p.m Heads of claim Tribunal High Court Sr. No. Amount(Rs) Amount(Rs) 1 Loss of Income 3000 x 12 x 3= 108,000/- 2 Medical Expenses (i) Medicines (ii) Hospital Charges (iii) Attendant Charges (iv) Special Diet 35,000/- 35,000/- 3 Transport 4 Pain & Suffering – per fracture/ per surgery 35,000/- 35,000/- 5 Disability 10,000/- 6 Loss of earning capacity Income x % of loss of earning power x multiplier 7 Reduction in life expectancy/Loss of amenities --- ----- 8 Loss of prospect of marriage --- 9 Loss to estate --- Total 70,000 1,88,000/- 2. The liability shall be on respondent Nos. 1, 2 and 3 as already determined by the Tribunal. 3. As regards the claim for compensation for death of a person who was 35 years old which is a subject matter in FAO No. 1508 of 1992, learned counsel would seek for redetermination of compensation in the light of judgment of the Hon'ble Apex Court in F.A.O.NOs. 1508 & 1507 OF 1992 4 Sarla Verma Vs. Delhi Transport Corporation and another (2009) 6 SCC 121 and the claimants were widow and three sons. He was a Safai Karamchari in the New Delhi Corporation and drawing a salary of Rs. 1,624/- per month at the time of death. The prospect of increase in salary at 50% and the deduction of 1/4th shall be done. I would provide for Rs. 5,000/- towards loss of consortium and Rs. 5,000/- to each of the children for loss of love and affection and the amount shall be reworked and tabulated as under:- FATAL ACCIDENTS Age 35 years Occupation Safai Karamchari Claimants Widow and three sons Heads of claim Tribunal High Court Sr. No. Amount(Rs) Amount(Rs) 1 Income 1624 1624 2 Add, % Increase 30% / 50% 1624 + 50.00%= 2436 3 Average monthly income x 12 19488 2436 x 12 = 29,232 4 Deduction ½, 1/3, ¼, 1//5 1/3rd 1/4th 5 Multiplicand 12992 21924 6 Multiplier 16 16 7 Loss of dependence 3,50,784 8 Medical expenses 9 Loss of consortium for wife and love and affection for child 20000 10 Loss to estate 11 Funeral Expenses Total 2,07,872 3,70,784 2. The amount in excess over what has already been awarded by the Tribunal shall bear interest at 6% per annum from the date of F.A.O.NOs. 1508 & 1507 OF 1992 5 the petition till the date of payment and the amount shall be distributed equally amongst all the claimants. 3. Both the appeals i.e FAO Nos. 1508 and 1507 of 1992 are allowed to the above extent. [K.KANNAN] JUDGE 14th December, 2010 Shivani Kaushik