FAO No.1051 of 1989 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1051 of 1989 Date of Decision. 04.02.2011 Harbans Singh son of Shri Niranjan Singh son of Baru resident of village Bilga, Tehsil and Distt. Ludhiana ......Appellant Versus Kaka Singh son of Ismail Khan and another .....Respondents Present: Mr. S.K.Rana, Advocate, for the appellant. None for respondent No.1. Mr. Paul S. Saini, Advocate for respondent No.2. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The appeal is for enhancement for amputation suffered by a passenger in a bus. The Tribunal assessed a compensation of Rs.49,000/-. The claimant was a farm labourer and he has stated that he was earning an income of Rs.900/- per month. The doctor examining the claimant certified that amputation has been below knee and assessed the disability at 50%. I will make a re-assessment of compensation taking the income to be Rs.900/- and providing an additional amount for pain and suffering and for loss of amenities besides adopting a multiplier of 15 against 10 as taken by the Tribunal. The overall compensation is tabulated below:- INJURY CASES Age 40 years FAO No.1051 of 1989 -2- INJURY CASES Period of Hospitalization Occupation Fam Labourer Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) 1 Loss of income 2 Medical expenses (i) Medicines 3000 3000 (ii) Hospital Charges (iii) Attendant Charges (iv) Special Diet 3 Transport -- -- 4 Pain & Suffering-per fracture/per surgery 25000 5 Disability 50'% 50'% 6 Loss of earning capacity 7 Income x % of loss of earning power x multiplier 50'% 300x12x10 =46000 50'% 450x12x15= 81,000 8 Reduction in life expectancy/loss of amenities 50000 9 Loss of prospect of marriage Total 49000 1,59,000 2. The increase in compensation over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. The liability of the insurance company for the passenger in a bus at the relevant time stood restricted to Rs.50,000/- and therefore, the additional compensation awarded shall be recovered against the owner and driver of the vehicle involved in the accident. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE February 04, 2011 Pankaj*