FAO No.2020 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2020 of 2010 DATE OF DECISION: January 31, 2011 GURMIT SINGH ...APPELLANT VERSUS BALWINDER SINGH 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? Yes 3. Whether the judgement should be reported in the digest? Yes ---- PRESENT: MR. SANJIV PANDIT, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation for the injury that had resulted in amputation of his leg above knee. The Tribunal assessed the compensation of `3,83,703/- that included medical expenses assessed at `18,703/- on actuals, `15,000/- estimated to be for attendant charges, special diet and transport, `2 lacs for loss of earning power and `1,50,000/- for loss of amenities on account of amputation. I will reassess the compensation in the manner laid down by the Hon'ble Supreme Court in Raj Kumar vs. Ajay Kumar, reported as 2010 12 (Scale) 268, as regards the loss of earning capacity at 75% and adopting a multiplier of 18 for a person who was aged 25 years and taking also the fact that 75% disability assessed would have resulted in 75% loss of earning power as well. There was evidence to the effect that he was a driver of bus and stated to be earning an income of `5000/-. The accident had taken place on 19.8.2006 and I would, FAO No.2020 of 2010 -2- therefore, take the income as `5000/- as stated in the evidence by the claimant. The over all compensation payable is tabulated as under:- Injury Cases Age 25 Period of Hospitalization Occupation & Income - Driver `5000 `5000 Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income from to 2. Medical Expenses: (i) Medicines 18,703/- 18,703/- (ii) Hospital Charges (iii) Attendant Charges (iv) Special Diet 15,000/- 15,000/- 3. Transport 4. Pain & Suffering – per fracture/per surgery 5. Disability 75% 75% 6. Loss of earning capacity Income x % of loss of earning power x multiplier 2,00,000/- 8,10,000/- 7. Reduction in life expectancy/Loss of amenities 1,50,000/- 1,00,000/- 8. Loss of prospect of marriage 25,000/- 9. Total 3,83,703/- 9,68,703/- 2. The amount of compensation over and above what has been awarded by the Tribunal will draw interest @ 6% from the date of petition till the date of payment. 3. The appeal is allowed to the above extent. January 31, 2011 (K.KANNAN) Gulati JUDGE