FAO No.452 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.452 of 1990 DATE OF DECISION: January 14, 2011 KAUSHLAYA DEVI ...APPELLANT VERSUS MONISH KUMAR 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? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. R.M. SURI, ADVOCATE FOR THE APPELLANTS. NONE FOR RESPONDENTS NO.1 AND 2. MR. SANJIV PABBI, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of compensation for a person who had suffered grievous injuries on her face commencing from the parietal region above the right ear to the left eyebrow causing very deep cut wound with fracture of clavicle. The claimant stated that she has serious disfigurement and she has embarrassment going to social gatherings. She also stated that there was loss of pay for about one month during the period of hospitalization. Her pay was said to be 2200/-. The injuries had resulted in tottering teeth which had become septic and ultimately two of her teeth were required to be removed. The Tribunal determined an over all compensation of 30,000/- without discussing the heads of claim. 2. Learned counsel appearing for the appellant would state that she had undergone two surgeries and was hospitalized for a month. She had suffered serious disfigurement and that was also not adequately FAO No.452 of 1990 -2- compensated. The loss of teeth was also permanent and that should have been also compensated. 3. I would make a reappraisal of the compensation under specific heads of claim and tabulate as follows:- Injury Cases Age: 43 Occupation 1 Month Claimants Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of Income from to 1500/- 2. Medical Expenses (i) Medicines 1000/- (ii) Hospital Charges (iii) Attendant Charges 1500/- (v) Special Diet 1000/- 3 Transport 4. Pain & Suffering – per fracture/per surgery 20,000/- 5. Disability of percentage 6. Reduction in life expectancy/Loss of amenities/Cosmetic loss + Loss of Teeth 15000/- 7. Loss of earning power in %age 8. Income x % of loss of earning power x multiplier 9. Loss of project of marriage Total 30,000/- 40,000/- 4. The amount in excess over what has been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. 5. The appeal is allowed to the above extent. January 14, 2011 (K.KANNAN) Gulati JUDGE