FAO No.910 of 1991 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.910 of 1991 Date of Decision.20.12.2010 Shri Trilok Nath Srivastava s/o Loodh Nath ......Appellant Versus Jai Pal Singh and othera ......Respondents Present: Mr. Nitin Jain, Advocate and Mr. C.B. Goel, Advocate for the appellant. None for respondent Nos.1, 4, 5 and 7. Mr. Kunal Garg, AAG, Haryana for respondent Nos.2 and 3. Mr. Paul S. Saini, Advocate for respondent No.6. Mr. Harsh Aggarwal, Advocate and Mr. Asheem Aggarwal, Advocate for respondent Nos.8 to 10. 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 of compensation for a person, who suffered injuries that resulted in an upper incisor and the first canon to be lost and the left incisor had loosened. There were lacerations on his face and his thumb and he had also a communited fracture of the femur upper 1/3rd of the left side. He had prolonged treatment when he had to stay in hospital for three months where the fracture was reduced by applying traction and he had been confined to bed for another five months. The Tribunal had FAO No.910 of 1991 -2- taken the loss of income at Rs.3,214/- per month and provided for eight months loss of income at Rs.25,712/-. It had provided for Rs.10,000/- as medical expenses when according to the claimant he had incurred expenses to the tune of about Rs.30,000/-. I have not any specific details as to how these expenditures were incurred except that it comes out through evidence that he had been going for traction and having regard to the fracture on the upper thigh with serious restriction of his mobility, he required an attendant for all the eight months, I will, therefore, take the attendant charges at Rs.500/- per month and provide for Rs.4,000/-. There was no specific assessment for pain and suffering and I will accord to him Rs.15,000/- towards pain and suffering. He had lost two teeth and one tooth was still tottering and I will provide another Rs.15,000/- towards loss of two teeth and one which had loosened. The disability was assessed by the doctor at 10 to 15% and he had also specifically stated that the loss of earning capacity would be affected throughout his life. I would take the loss of earning capacity at 5% in a case where there had been an impairment of the range of movement of his leg and taking his monthly salary at Rs.3200/-, 5% loss of earning capacity, will mean Rs.160/- as the loss per month. The annual loss would be taken as Rs.1920/- and for his age, I apply a multiplier of 18. The loss of earning capacity would be Rs.34,560/-. The claimant shall, therefore, be entitled to an additional amount of Rs.68,560/-. The amount in excess over what has been determined by the Tribunal shall bear interest @6% from the date of petition till the date of payment. FAO No.910 of 1991 -3- 2. The appeal is allowed to the above extent. The liability shall be as determined by the Tribunal already. (K. KANNAN) JUDGE December 20, 2010 Pankaj*