IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.131 of 1988(O&M) Date of decision:16.02.2011 Smt. Mohini ....Appellant versus Rakesh Sharma and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. A.P.S. Sandhu, Advocate, Mr. Ashok Kumar, Advocate, for the appellant. None for respondents 1 and 2. Mr.Paul S. Saini, 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 claim for compensation for injuries suffered by the claimant. She was said to a teacher and she had been hospitalized on 21.01.1985 and remained in hospital upto 28.02.1985. It was her contention that she could not resume her duty and she had to discontinue her work and rejoined only after 10 months. In the meanwhile, she had terminated from service and reinducted again. For 10 months' loss of income, the Tribunal provided for Rs.10,000/- and provided Rs.40,000/- as a lumpsum payment that included all the other heads. FAO No.131 of 1988(O&M) - 2 - 2. The counsel contends that several heads of claim have not been properly considered. I have not the benefit of any documentary support for his contention, but I attempt to make a reappraisal of the same under various heads by making some projection of what could have been incurred during the relevant time, considering the fact that the accident had taken place about 25 years back. 3. Several heads of claim are tabulated as below:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) Age:34 Occupation:Teacher Period of hospitalization:21.01.1985 to 28.02.1985 1. Loss of earning 10,000 10,000 2. Medical expenses: medicines 2,500 Hospital charges Attendant charges special diet 40,000 5,000 3. Transport 2,000 4. Pain & Suffering- 15,000 per fracture/per surgery @5,000+ @ 2,500 5. Loss of amenities on 25,000 account of disability suffered. ______ ______ Total 50,000 59,500 3. There shall be a marginal increase of compensation over what has been determined by the Tribunal and the extent of increase shall draw interest at 6% from the date of petition till date of payment. 4. The counsel for the Insurance Company states that the liability of the Insurance Company is upto the limit of Rs.50,000/-. The FAO No.131 of 1988(O&M) - 3 - additional amount which has now been awarded will be recovered by the claimant against the insured/owner, who is arrayed as respondent No.2 in the appeal. 5. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 16.02.2011 sanjeev