IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2553 of 1999 (O&M) Date of decision:11.03.2011 Budh Ram Sharma ....Appellant versus Ramesh Kumar and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Vivek Singla, Advocate, for Mr. Rahul Vats, Advocate, for the appellant. None for respondents 1, 2, and 4. Mr. N.K. Khosla, Advocate, for respondent No.3. ---- 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 claim for compensation for injuries sustained in a motor accident. The Tribunal had awarded Rs.50,000/- for the injuries which had been assessed as resulting in 20% disability. He had fracture of the lower limb and he had injury in the head and some injuries in the hand. A medical board was constituted and the compensation for disability at 20% was to include a minimum loss of memory on account of some impairment. He was said to be a compounder in a hospital and also doing work as a driver. He produced FAO No.2553 of 1999 (O&M) - 2 - the driving licence at the trial. He gave evidence to the effect that he was unable to drive as before. In view of the injury in the head and his own lack of diffidence and inability to drive with a partial impairment in vision, I would take the 20% disability to have resulted also in 20% loss of earning power. I will take the average income at that time at Rs.1,500/- and make provision for loss of earning capacity. Apart from heads of claim which have been already held, I will also make marginal increase for pain and suffering and for attendant charges. The overall compensation is tabulated below:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) 1. Loss of income - - 2. Medical expenses: medicines 20,000 20,000 Hospital charges Attendant charges 2,500 Special diet } 5,000 5,000 3. Transport } 4. Pain & Suffering- 5,000 7,500 5. Disability in percentage 20% 6. Reduction in life 20,000 20,000 expectancy/loss of amenities 7. Income x % of loss of 50,400 earning power x multiplier _____ _______ Total 50,000 1,05,400 2. The amount in excess over what has been determined already by the Tribunal shall attract interest at 6% from the date of petition till date of payment. FAO No.2553 of 1999 (O&M) - 3 - 3. The liability shall be in the same manner as determined by the Tribunal. 4. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 11.03.2011 sanjeev