IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.989 of 1987 (O&M) Date of decision:05.01.2011 Mrs. Suman Gupta ....Appellant versus The Union of India and another ...Respondents II. FAO No.990 of 1987 (O&M) Sanjiv Gupta ....Appellant versus Union of India and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.I.P.S. Kohli, Advocate, for the appellant. Mr. Karminder Singh, Advocate, for respondent No.1. None for respondent No.2. ---- 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 appeals arise out of the same accident, when the husband and wife were injured involving a truck that belonged to the Ministry of Defence. 2. As regards the subject matter of appeal in FAO No.990 of 1987, the claimant was an IPS officer, who due to the accident had suffered fracture of ribs and produced before Court evidence to the FAO No.989 of 1987 (O&M) - 2 - effect that he had spent Rs.2,200/-. The Tribunal added another Rs.800/- for his extra diet during the period of his treatment and his convalescence, added another Rs.10,000/- for pain and suffering for the fracture suffered by him. The Court observed that the injury had not resulted in any further disablement but found that he had to remain for bed for nearly 6 months. It is not very clear from the evidence whether there had been any loss of income on the score during the time when he was on leave. With the available evidence that was placed before the Tribunal, the Tribunal awarded medical expenses as established and provided for Rs.10,000/- towards pain and suffering. I find no error in the approach and the assessment made by the Tribunal and affirm the same. The appeal filed by Sanjiv Gupta in FAO No.990 of 1987 is, consequently, dismissed. 3. As regards the claim for compensation at the instance of the wife which is the subject matter of appeal in FAO No.989 of 1987, the contention was that the claimant had suffered dislocation of her hip and she might require total hip replacement. The accident had taken place in December 1984 and there was evidence to the effect that she was still taking treatment upto 21.01.1986 as an outdoor patient. She also had some punctured wound on the right side of the neck and had caused internal injuries to her larynx and tracheas. The physician Dr.Navdeep Singh Sandhu, who was examined in Court, gave evidence to the effect that her vocal pitch and tone had changed and it was permanent in nature. It was also found that she was not in a position to talk at stretch for long intervals. It is also in evidence that she had undergone vascular FAO No.989 of 1987 (O&M) - 3 - necrosis of her left hip because of dislocation and on that account, she remained in pain continuously and that it would be difficult for her to stand for a long period. 4. While determining compensation, the Tribunal awarded Rs.10,000/- as medical expenses against the bills produced to the tune of Rs.8,125/-. I will retain the same. The Tribunal provided for Rs.1,000/- towards the conveyance charges but having regard to the fact that she was taking prolonged treatment for more than a year, I will provide for a compensation of Rs.10,000/- towards transportation against Rs.1,000/- already awarded. The Court awarded Rs.30,000/- towards permanent disability and pain and suffering, I will take Rs.30,000/- as going towards pain and suffering alone and as regards the permanent disability that had been caused to her for soreness of her voice and her inability to stand for long time, I would provide for an additional sum of Rs.50,000/- towards loss of earning capacity. On the whole, the claimant will be entitled to an additional amount of Rs.59,000/- over what has been already determined by the Tribunal. This additional amount shall attract interest at 6% from the date of petition till date of payment. The liability on the respondents shall be as determined by the Tribunal already. 5. The appeal in FAO No.989 of 1987 shall stand allowed on the above terms. (K.KANNAN) JUDGE 05.01.2011 sanjeev