FAO No. 1260 of 1991 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1260 of 1991 Date of decision January 27 , 2011 Mrs. Kanta Bansal ....... Appellant Versus Kulwant Singh and others ........Respondents FAO No. 1261 of 1991 Sh. Vijay Kumar ....... Appellant Versus Kulwant Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. L. M. Suri,Senior Advocate with Mr. Neereaj Khanna, Advocate for the appellant. Mr. HS Gill, DAG., Punjab for respondent Nos.2 and 3. **** 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. Both the appeals are connected. FAO No.1260 of 1991 is for damage of vehicle and 1261 of 1991 is for injury sustained by the person who was driving the vehicle. 2. As regards the damage to the vehicle, the FAO No. 1260 of 1991 2 surveyor had assessed the damage to the vehicle at `62,500/-. The owner had made the OD claim against the insurer and received `47,500/-. There was evidence to the effect that he had sold the vehicle for `10,000/- and the Tribunal therefore awarded `5,000/- for damages. Learned counsel states that it was 1986 model and the accident had taken place in 1989. He had purchased a new vehicle for `1,80,000/- and therefore contention is that the amount granted for damages was grossly low. The Tribunal had awarded `5,000/- on the basis of written down value of the vehicle and I still find that the additional amount of `5,000/- of what had already been awarded with interest at 6% would meet the ends of justice. The award shall stand modified. The appeal is allowed to the above extent. 3. As regards the claim of injuries, the claimant had suffered multiple fracture in the right forearm and placed evidence from the doctor who treated him to say that there had been a operation performed on 21.3.1989 and implant of a plate had been made for reduction of the fracture. The doctor had found disability at 15%. For fracture and surgical intervention, I will provide for `12,500/- at the rate of `5,000/- per fracture and `2500/- for pain due to surgery and also provide for additional amount of `7,500/- towards inconvenience suffered by him, for the assessment of 15% disability that had been made, I will provide an additional amount for `2500/-. While determining `12,000/- as compensation, the Tribunal took note of the fact that the claimant had produced medical bills to the extent of `7,882/-and also produced taxi bills to the tune of `5295/-. Learned counsel points out that the Tribunal had not properly made the calculation and the bills for medical expenses alone come to `10,000/- and including the transport expenses it would be `15,295/-. The Tribunal has provided for `12,000/-, under this head and I will provide for an additional amount of `5,000/-. In all there shall be an additional amount of `26,500/- over and FAO No. 1260 of 1991 3 above what was determined by the Tribunal. The same shall attract interest at the rate of 6% from the date of petition till the date of payment. The liability amongst the respondents shall be in the same manner as determined by the Tribunal. FAO No.1261 of 1991 is allowed to the above extent. (K. KANNAN) JUDGE January 27, 2011 archana