IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.174 of 1990 (O&M) Date of decision:02.02.2011 Ujaggar Singh alias Jaggar Singh ....Appellant versus Punjab State through Secretary Transport Punjab, Chandigarh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Paul S. Saini, Advocate, for the appellants. None for the respondents ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? Yes. 3. Whether the judgment should be reported in the digest ? Yes. ---- K.Kannan, J. (Oral) 1. The appeal is for enhancement of compensation for a mason, who due to injuries in his left leg suffered serious disability. At the time of accident, the claimant was 35 years and he had been hospitalized for two months and being treated at the PGI. During the pendency of the appeal, the appellant has filed a petition under Order 41 Rule 27 for taking on record an additional evidence of assessment of disability assessed at 65%. The certificate, which has been issued by the Civil Surgeon, Ropar, is in the format prepared for issuance of certificate of disability by the Medical Board and it is stated that it was a case of mal- united fracture of the left femur with mal-united condylar fracture of the left tibia and there has been a stiffness of joint and the range of FAO No.174 of 1990 (O&M) -2 - movement is restricted to 30 degrees. The learned counsel for the appellant would contend that he was a mason and his work consists of long hours of standing and squatting while doing work and by virtue of the injuries, he has suffered a very serious impediment in his earning capacity. I will find the document filed in Court as worthy of acceptance and treated as additional evidence available on file and take the resultant loss of earning power at 50%. He was 35 years of age and I would adopt a multiplier of 16 to hold the loss of income earning capacity as resulting in Rs.1,92,000/-. I will award towards transportation and attendant charges, an additional amount of Rs.2,500/- each and take the pain and suffering at Rs.15,000/-. The total amount of compensation assessed is tabulated as follows:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) Age: 35 Period of hospitalization: 2 months Occupation & income: Mason, 2,000 1. Loss of income 10,000 10,000 2. Medical expenses medicines 15,000 15,000 Hospital charges - - Attendant charges - 2,500 special diet - - 3. Transport - 2,500 4. Pain & Suffering- - 15,000 5. Disability 60% 65% 6. Loss of earning capacity - 50% 7. Income x % of loss 10,000 1,92,000 of earning power x multiplier ______ _______ Total 35,000 2,37,000 FAO No.174 of 1990 (O&M) - 3 - 2. The amount in excess of what has been determined by the Tribunal already shall attract interest at 6% from the date of petition till date of payment. 3. The liability shall be on the respondent-owner in the manner determined already by the Tribunal. 4. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 02.02.2011 sanjeev