FAO No. 217 of 1992 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 217 of 1992 Date of decision January 21 , 2011 Avtar Singh ....... Appellant Versus State of Haryana and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Sanjay Gupta, Advocate for the appellant. Mr. Suman Jain , Advocate for respondent Nos. 3 and 7. Ms. Munisha Setia, Advocate for Mr. Ashit Malik, Advocate for the claimants. Mr. Kunal Garg, AAG., Haryana for respondent Nos.1 and 2. **** 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?Yes K. Kannan, J (oral). 1. The appeal is for enhancement of compensation for injuries suffered by the claimant resulting in amputation of the arm of a person who was aged 21 years at that time. The claimant was a passenger in the bus belonging to Haryana Roadways which was insured with National Insurance Company Limited and it had dashed against a tampo In the manner of apportionment of liability the Tribunal found the driver of the tampo and Haryana Roadways bus to be equally responsible FAO No. 217 of 1992 2 for the accident and apportioned liability at 50:50. I will retain the same. 2. The assessment to compensation would require a reappraisal only on certain heads that have considered the extent of loss of earning capacity, loss of amenities of life to a person who was young whose skill as a motor mechanic could not have been pursued on account of amputation of his arm and his loss of prospects of marriage on account of privation of his right arm. I have tabulated the compensation as determined by the Tribunal. I have made my own reappraisal as below:- Medical expenses `5100/- Pain and suffering `25,000/- loss of earning capacity x multiplier `1,55,520/- loss of amenities ` 50,000/- loss of prospect of marriage `20,000/- Total `2,55,620/- 3. The over all compensation shall therefore stand increased to `2,55,620/- The amount in excess of what was awarded by the Tribunal shall carry interest at the rate of 6% from the date of petition till the date of payment. 4. The insurer for the Haryana Roadways would contend that in terms of the policy, the liability to a passenger was restricted to `15,000/- and the 50% liability cast on the owner of the bus namely State of Haryana and the Roadways would be indemnified only to the said extent of 15% and the balance is to be borne by the owner of the vehicle. I uphold the objection and would find that out of total amount, the insurer for the bus namely National Insurance Company Ltd. will be liable to pay `15,000/- with interest and balance of 50% of the award will be paid by the owner of Haryana Roadways bus. As regards the liability of the owner of the tampo, the vehicle was insured with the same Insurance FAO No. 217 of 1992 3 Company and hence the other 50% shall also be borne by National Insurance Company. The award shall stand enhanced and modified also with respect to the liability in the manner referred to above. The appeal is allowed on the above terms. (K. KANNAN) JUDGE January 21, 2011 archana