FAO No.7045 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** FAO No.7045 of 2010 Date of decision : 10.5.2011 Khushi Ram .........Appellant Vs. Subhash and others .......Respondents CORAM : HON'BLE MR. JUSTICE K.KANNAN Present:- Mr.K.S.Dhanora, Advocate, for the appellant --- K.KANNAN, J (ORAL) :- 1. The appeal is for enhancement of compensation assessed at ` 2,34,000/-. The claimant had a fracture with shortening of right lower limb, which was required to be corrected by surgical intervention. He had been taken treatment at the hospital as an inpatient from 13.12.2008 to 25.12.2008 at Sarvodaya Hospital, Hisar. The claimant remained admitted there from 19.1.2009 to 29.1.2009. The medical expenses, a list of which has been attached, is fully covered by the award while assessing general damages. The Tribunal assessed ` 45,000/-for pain and suffering and ` 3,6000/-for permanent disability assessed at 18%. The Tribunal also awarded ` 4,500/-for attendant charges, ` 3,000/-for nutrition and special diet. FAO No.7045 of 2010 -2- 2. The learned counsel argues that there has been a shortening of limb by about half inch and the Tribunal has not assessed the compensation properly. In a case where the disability does not impact the earning skills the award of compensation as general damages for permanent disabilities is really to provide for loss of amenities suffered and there has been practice of this Court to award compensation @ ` 2,000/-into per percent of disability (18% of disability in this case). The Tribunal had followed the parameters cited to various decisions of this Court and there is no deviation or error in the approach of the Tribunal. 3. I cannot accommodate the plea that any higher amount could have been granted for the disability shown to have been suffered by the claimant. The overall assessment of compensation at ` 2,13,000/-is fair, just and proper and does not call for any intervention. Accordingly, the award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 10.5.2011 akm