FAO No.365 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.365 of 1998 Date of Decision. 01.03.2011 Duli Chand son of Man Chand alias Maman Saini, resident of village Dhana Kalan, Tehsil Hansi, District Hisar. ......Appellant Versus Aircraftsman Anil Kumar Singh son of Ramjanam and another .....Respondents Present: Mr. S.K. Khanpur Advocate for Mr. Kulwant S. Dhanora, Advocate for the appellant. None for respondent No.1. Mr. Hemen Aggarwal, Advocate for respondent No.2. 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 ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The appeal is for enhancement of compensation for the injuries suffered in the motor accident. The Tribunal had assessed Rs.68,000/- as compensation payable that included Rs.5,000/- for medicines and Rs.63,000/- for loss of earning capacity. He was an agriculturist and the evidence was that he was earning about Rs.6,000/- per month. The Tribunal had no evidence to support such a plea and it took the income at Rs.1500/- and observed that the mal-union of bone that had resulted in 70% disability as asssessed by the Doctor must have meant loss of earning capacity at 70% and adopting a multiplier of 5 determined Rs.63,000/- as loss of earning capacity. Before the FAO No.365 of 1998 -2- Tribunal, it was contended that he had spent about Rs.40,000/- towards medicines, attendant charges, special diet and transportation but the Tribunal awarded only Rs.5,000/-. 2. He had fractures on both legs and lacerations, deep cut injuries on his face as spoken to by the evidence of the doctor PW-2. An Orthopaedic Surgeon, who was examined as PW-1, stated that there had been a shortening of limb by about 3 inches with antylosis (joint fuse). I will reappraise the compensation and increase the same as per the tabulation below:- INJURY CASES Age Period of Hospitalization 7.8.95 to 21.9.95 Occupation Accountant Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) 1 Loss of income 1500 1500 2 Medical expenses (i) Medicines 5000 5000 (ii) Hospital Charges (iii) Attendant Charges 2500 (iv) Special Diet 2500 3 Transport 1000 4 Pain & Suffering-per fracture/per surgery 15000 5 Disability 70'% 6 Loss of earning capacity 7 Income x % of loss of earning power x multiplier 70'% 63000 8 Reduction in life expectancy/loss of amenities 70000 9 Loss of prospect of marriage Total 68000 97500 3. The additional amount of compensation over what was determined by the Tribunal shall attract interest @6% from the date of FAO No.365 of 1998 -3- the petition till the date of payment. The liability shall be in the same manner as determined by the Tribunal. 4. The appeal is allowed to the above extent. (K. KANNAN) JUDGE March 01, 2011 Pankaj*