FAO No.333 of 2004 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.333 of 2004 (O&M) Date of Decision. 30.03.2011 Manmohan Singh s/o Balwant Singh r/o B-21-3353, St. No.4, New Janta Nagar, Ludhiana ......Appellant Versus Wasim Adam Ansari and others. ....Respondents Present: Ms. Jigyasa Tanwar, Advocate for the appellant. Mr. Karminder Singh, Advocate Standing Counsel for UOI. None for other respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 claim for compensation for injury suffered by the appellant that resulted in amputation of right arm from the shoulder. The disability was assessed at 5%. The Tribunal awarded Rs.85,000/- as compensation that was detailed through the award under the following heads: namely, permanent disability Rs.30,000/-, medicines Rs.30,000/-, pain and suffering Rs.10,000/-, conveyance Rs.5,000/- and special diet Rs.5,000/-. 2. Learned counsel appearing for the appellant states that he was an income tax assessee and he was working as a typist under an Accountant and at the time of his accident, he continued as a typist and FAO No.333 of 2004 (O&M) -2- apart from his own evidence, he had also given evidence through his son to speak about his status as a typist and he stated that he was earning Rs.5,000/- to Rs.6,000/-. He placed reliance on Ex.P4, which was a certificate showing that he was proficient in typing. The counsel points out that no compensation at all has been awarded for loss of his earning capacity. For a typist, who lost his typing hand, it ought to have meant that there was a complete loss of earning capacity. It could have become possible for him to have still carried on typing with one hand, which the appellant himself stated that he still was so doing with some difficulty. I would take the loss of earning capacity as 80% and take the income of the appellant as Rs.2500/-. The loss of earning capacity will, therefore, be 2500x80%x12x9=Rs.2,16,000/-. This amount shall be the additional amount, which the claimant shall be entitled to. This amount will also attract interest @6% from the date of petition till the date of payment. 3. The award is modified and enhanced as above and the liability shall be in the same manner as determined by the Tribunal. The appeal is allowed to the above extent. (K. KANNAN) JUDGE March 30, 2011 Pankaj*