F.A.O No.2507 of 1997 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No.2507 of 1997 Date of Decision.10.11.2010 Krishan Kumar son of Shri Hira Lal, resident of village Garhi Wazidpur, P.O. Damdama, Tehsil Sohna, Distt. Gurgaon ......Appellant Versus Umrao son of Hanuman resident of V.P.O., Khandewla, District Sikar (Rajasthan) and others ......Respondents Present: Ms. Amandeep Kaur, Advocate for Mr. Sandeep Virmani, Advocate for the appellant. Mr. R.M. Suri, Advocate for the insurance company. CORAM: HON'BLE MR. JUSTICE K. KANNAN 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. 1. The appellant has filed the present appeal seeking for enhancement against the award dated 01.10.1997 passed by MACT, Gurgaon granting an award for Rs.1,58,000/- on account of injuries sustained by him in a roadside accident. 2. The appellant has suffered a fracture in the left leg and a dislocation of the right hip joint and also a fracture in the right arm. He has been operated with implants in the right hand and in the left leg for reduction of fractures. He has remained admitted in the hospital from 28.2.1996 to 3.3.1996 and again from 3.3.96 to 1 F.A.O No.2507 of 1997 3.4.96. He claimed that he was working as a mason and also engaged in the business of vending milk. After the accident, he stated that he was not able to do work as before and that he was employing a helper to do the business by paying him Rs.1000/-. He gave evidence to the effect that he would have to undergo another operation and incur further expenses to the tune of Rs.60,000/-. 3. The doctor attending on the claimant was examined and he reported that the claimant had severe impairment of the movements of the right hip and certified the disability at 30%. The medical bills produced showed that he had spent about Rs.69,800/-. The Tribunal awarded the medical expenses of Rs.69,800/-, awarded Rs.20,000/- for pain and suffering, Rs.60,000/- towards disability and Rs.10,000/- as special diet and in all, a sum of Rs.1,59,800/-. The Tribunal rejected the plea that he was having any helper paying Rs.1000/- per month and also rejected the plea that he had any loss of earning capacity in the absence of medical evidence that he was not capable of continuing his work as a mason. 4. Towards pain and suffering, I would provide Rs.7500/- per fracture and for fractures @3 sites, it shall be Rs.22,500/-. For surgical implants and hospitalization, I would add Rs.10,000/- towards the same head. Under the head, pain and suffering, I would, therefore, allow for an additional claim to Rs.11,500/-. For attendant charges during hospitalization, I would provide for an additional amount of Rs.2500/- and provide for a sum of Rs.5000/- for transportation to hospital and back in two occasions. Towards future medical expenses for removal of implants, I would provide for 2 F.A.O No.2507 of 1997 around 50% of the medical expenses already incurred at Rs.35,000/-. The assessment made towards disability, I would understand as partially going through reduction of earning capacity, loss of amenities of life and reduction of life span. Having regard to the fact that the claimant is a mason and the fracture is at the hip, he ought to have definitely suffered a loss of earning capacity which I will estimate at 25% and provide for an additional amount of Rs.25,000/- as loss of earnings. In all, the total additional amount payable would be Rs.89,000/- which will also bear interest @6% p.a. from the date of petition till the date of payment. 4. The appeal is allowed with the additional amount as determined above. No costs. (K. KANNAN) JUDGE November 10, 2010 Pankaj* 3