FAO No.1711 of 1997 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1711 of 1997 Date of decision September 1, 2010 Smt. Nirmala Kumari and another ....... Appellants Versus Phool Singh and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashit Malik, Advocate for the appellant. Mr. L. M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for the respondents. **** K. Kannan, J (oral). 1. The claimant is in appeal for enhancement of compensation for the injuries sustained in the accident. The doctor who had examined him had given evidence to the effect that the patient had bilateral fracture shaft femur with dislocation of left hip joint and with fracture of both bones of his left leg with fracture talus right with lateral poplieal nerve paralysis. He had been subjected to operation six times and he had a prolonged period of treatment from the date of accident and even when the trial was in progress. PW-3 stated that he was still under the treatment. He has also given evidence that he cannot move independently and would require assistance of the cruches. He cannot run and he cannot also sit properly. He cannot drive a vehicle. The physical impairment was assessed at 70%. 2. The claimant himself has given evidence to the effect that he is not able to undertake any work and is being supported only FAO No.1711 of 1997 2 by his parents. I see from the nature of injuries and long line of treatment given to him and the fact that he was a Clerk before, I would take the loss of earning capacity to be 100% for such injuries that have crippled him with nerve paralysis. The Tribunal had taken the loss of earning capacity as the same as the disability assessed. The Tribunal has taken the income to be Rs.1500/- and taken loss at 70% of the same. I would instead provide for 100% loss and take the loss of income for future at 100% and provide for a multiplier of 18 to take the compensation for loss of earning capacity at Rs.3,24,000/- instead of Rs.2,01,000/- as determined by the Tribunal. The Tribunal has awarded Rs.10,000/- for pain and suffering and I would increase by another Rs.15,000/- to provide for Rs.25,000/- for pain and suffering. The Tribunal has provided for loss of marriage prospects but added and included it in Rs.10,000/- it has determined for pain and suffering, I would independently provide for loss of marriage prospects at a further sum of Rs.10,000/-. The Tribunal has awarded Rs.70,000/- for medical expenses, special diet and conveyance. I retain the same. The amount comes at Rs.4,29,000/-. The Tribunal has awarded Rs.3,30,000/-. The Tribunal has also provided for loss of earning at Rs.22,000/- and future medical expenses at Rs.10,000/-. The Tribunal has also provided for Rs.15,000/- for future medical expenses, I will retain the same. In all, the amount that is payable is Rs.4,66,000/-. The amount in excess of what has been determined by the Tribunal shall bear interest at the rate of 6% per annum from the date of the petition till the date of payment. The appeal is allowed and the award of the Tribunal is modified to the above extent. (K. KANNAN) JUDGE September 1, 2010 archana FAO No.1711 of 1997 3