IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3386 of 2002 (O&M) Date of decision:09.11.2010 Raj Kumar ....Appellant versus Gurjit Singh and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Ms. Ekta Thakur, Advocate, for the appellant. Mr. Ravinder Arora, Advocate, for respondent No.2. ---- 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 claim is at the instance of a tailor, who had lost vision in one eye on account of the accident. His evidence was that he was earning Rs.4,000/- per month and also an additional amount of Rs.2,000/-. Before the Tribunal, the claimant had also given evidence that by virtue of the accident, he had not been able to do the work and he had suffered a loss of income to the tune of Rs.2,000/- every month. In fact, he was pleading for loss of earning capacity to the tune of 50%. FAO No.3386 of 2002 (O&M) - 2 - 2. The Tribunal while assessing the compensation granted Rs.20,000/- for pain and suffering, Rs.2,000/- for medical expenses, Rs.1 lakh for disability, loss of earning was awarded at Rs.12,000/- and in all granted a compensation of Rs.1,34,000/-. 3. The counsel pleads that the method of assessment of compensation for loss of earning power is erroneous and the assessment of Rs.12,000/- was again not appropriate. There is a scientific method of assessment of compensation and even under Schedule-I, Part-II of the Workmen's Compensation Act, the loss of one eye without complication, the other being normal would qualify for assessment at 40% as loss of earning power. Before the Tribunal, medical evidence was also tendered that the disability was assessed at 40%. Here, in this case, he (claimant) was a tailor and, therefore, the loss complained of, was real and the compensation must have been provided by taking the average income, scaling it down to the extent of loss of earning power and adopting a suitable multiplier relatable to his age. Having regard to the specific evidence given by the claimant, I take the income to be Rs.4,000/- and would apply the loss of earning power at 40% on that and take the loss to be Rs.1,600/- per month. I will adopt the multiplier of 16 and take the loss of earning to be Rs.3,07,200/- (Rs.1,600 x 12 x 16= Rs.3,07,200/-). Instead of compensation assessed at Rs.1 lakh for disability, I will take it to be Rs.25,000/- towards loss of amenities of life and retain the compensation determined for medical expenses and for pain and suffering as determined by the Tribunal. In all, the total sum will be Rs.3,54,200/-. The amount determined by the Tribunal was FAO No.3386 of 2002 (O&M) - 3 - Rs.1,34,000/-. The amount determined in excess shall bear interest at 6% from the date of the petition till date of payment. 4. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 09.11.2010 sanjeev