FAO No.676 of 1998 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.676 of 1998 DATE OF DECISION: March 3, 2011 RAM NARAIN S/O MAN SINGH ...APPELLANT VERSUS SURESH KUMAR AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. Y.P MALIK, ADVCOATE FOR THE APPELLANT. MR. R.S.SANGWAN, ADVOCATE FOR RESPONDENT NO.1 MR. KUNAL GARG, AAG, HARYANA. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation who was awarded `4500/- for three injuries alleged to have been sustained by him. He remained in hospital for a week and he claimed that he had been on leave for 45 days. He was working in a public sector undertaking on salary of `8000/- per month. The Tribunal found that there was a contradiction as regards his income when the attempt at the trial was that he had earning of `9000/-. He claimed that he had spent about `5000/- for medical expenses also. He further stated that he had to avail the services of an attendant. The Tribunal awarded a compensation of `4500/-. 2. It is contended that all the heads of claim have not been properly considered and the award has not been passed with reference to the evidence led by the claimants. Learned counsel appearing for the respondents states that no Doctor had been examined and even the injuries FAO No.676 of 1998 -2- had not been established. He also points out to the fact that the Tribunal itself had reasoned that there was no necessity for even an attendant and it is not clear as to how he was making a basis for enhancement. 3. I will not totally discard the issue of loss of income for a person who was employed as a responsible officer and he had not resumed the duty for 6 weeks. The fact that he was hospitalized for a week itself was not in dispute. I will not make a big issue of the fact that the Doctor was not examined in making an assessment for only the pecuniary heads. The sum for the pain and suffering for the three injuries which he has suffered, I will assess an over-all compensation at `15,000/- and tabulate it as under:- Injury Cases Age: Period of Hospitalization 1 week Occupation & Income - Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income from to 10,000 2. Medical Expenses: (i) Medicines 500 (ii) Hospital Charges (iii) Attendant Charges 500 (iv) Special Diet 500 3. Transport 500 4. Pain & Suffering – per fracture/per surgery 3000 5. Disability 6. Loss of earning capacity Income x % of loss of earning power x multiplier 7. Reduction in life expectancy/Loss of amenities 8. Loss of prospect of marriage Total 4500/- 15,000/- FAO No.676 of 1998 -3- 4. The amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. 5. The liability shall be in the same manner as determined by the Tribunal. 6. The award is allowed to the above extent. March 3, 2011 (K.KANNAN) Gulati JUDGE