IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.524 of 1989(O&M) Date of decision:01.02.2011 Amrit Lal ....Appellant versus Jai Bir and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Inderjit Sharma, Advocate, for Mr. Ashok Gupta, Advocate, for the appellant. None for respondents 1 and 2. Mr. Ravinder Arora, Advocate, for respondent No.3. ---- 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 of compensation for loss of one eye in a motor accident. The claimant was 35 years of age and said to be engaged in business of running a shop. The Tribunal assessed a lumpsum compensation of Rs.55,000/-. His claim for damage to the scooter had been rejected. 2. While determining compensation, the Tribunal had provided for Rs.5,000/- for medical treatment, which I will retain. For loss of vision, the Tribunal awarded Rs.40,000/- and for pain and suffering, it had granted Rs.5,000/-. The component of pain and suffering, I will retain. Loss of vision creates loss of earning capacity as well and it FAO No.524 of 1989(O&M) - 2 - cannot be merely a notional compensation of Rs.40,000/- in the manner provided by the Tribunal. I would take the loss of one eye without complication the other eye being normal as resulting in 40% loss of earning power. He claimed that he was earning Rs.3,000/- per month which the Tribunal rejected. I will take the income at Rs.15,000/- per year and take the loss of earning capacity that has resulted on account of his ailment at Rs.6,000/- and adopt a multiplier of 15 and take the loss of earning capacity at Rs.90,000/-. I will also provide for the inconvenience and for loss of amenities of life arising by the loss of vision at Rs.25,000/-. The other heads of claim namely, the medical expenses and pain and suffering as the Tribunal assessed, if they are also added, the total amount of compensation will be Rs.1,25,000/-. The Tribunal has rejected the claim for damage to the vehicle on a ground which, in my view, is insupportable. The Tribunal assumed that the expenses had been met with by someone else and even the proof of the repair charges did not satisfy the Tribunal. I will award to the claimant Rs.5,000/- as damages resulting from the accident to his vehicle. The total compensation will be Rs.1,30,000/-. The amount in excess over what has been already provided by the Tribunal shall attract interest at 6% from the date of petition till date of payment. The liability shall be on the Insurance Company. 3. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 01.02.2011 sanjeev