IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6772 of 2010 (O&M) Date of decision:16.03.2011 Sahab Singh and another ....Appellants versus Sat Narain and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Jarnail S. Saneta, Advocate, for the appellants. ---- 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 claim for compensation for injuries suffered by claimant, who later died and, therefore, the legal representatives were added. The ultimate death was by drowning in a river, which was unrelated to the accident injury. 2. The component of claim for legal representatives of an injured person can only be the damages suffered by the estate of the deceased. In this case, the medical expenses had been incurred upto Rs.75,000/- and odd which was awarded. The Tribunal added Rs.2,000/- which he would have spent for special diet. The Tribunal also added Rs.20,000/- for pain and suffering which is personal to a person and cannot survive to the legal representatives, in terms of Section 306 of the FAO No.6772 of 2010 (O&M) - 2 - Indian Succession Act. The compensation to legal representatives of an injured person cannot be for non-pecuniary damages but could be awarded only for pecuniary heads of claim of what the claimant had actually suffered as pecuniary loss. Except the special diet and the medical expenses, no other head of loss was established. I would understand even Rs.20,000/- awarded by the Tribunal as going towards transportation during the time of his hospitalization. I cannot provide any component of pain and suffering for the legal representatives of the injured person. The overall compensation assessed by the Tribunal was, under the circumstances, perfectly justified and there is no scope for enhancement. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 16.03.2011 sanjeev