FAO No.521 of 2005 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.521 of 2005 Date of Decision.17.12.2010 Miss Gagandeep Kaur minor daughter of Sh. Surinder Singh son of Sh. Sawaran Singh, resident of village Salaru, Tehsil and District Karnal, through her father Surinder Singh as natural guardian and next friend of the the minor ......Appellant Versus Haryana State through Commissioner-cum-Secretary to Transport Haryana and others ......Respondents Present: MR. J.S. Virk, Advocate for the appellant. Mr. Kunal Garg, AAG, Haryana for respondent Nos.1 and 2. None for respondent No.3. Mr. R.C. Kapoor, Advocate for respondent No.4. Mr. Ravinder Hooda, Advocate for respondent no.5. 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 injury suffered by a girl in a motor accident. The evidence was that she was a good hockey player and by virtue of injuries, she could not play. Before the Tribunal, the evidence was tendered to the effect that she had a fracture of sacrum with bilateral sacroiliac joint disruption with bilateral remus fracture. The doctor, who had examined and given treatment at PGI Chandigarh, gave evidence that the patient had been FAO No.521 of 2005 -2- operated upon and she was advised absolute rest for six weeks. She had after discharge from the PGI taken four visits for further treatment. The doctor had given evidence that the patient had obtained substantial improvement and though the disability as assessed originally was 20%, in the cross-examination it was stated by PW-1, who had issued the certificate that by passage of time and by physio-therapy, the disability may reduce by 5%. 2. While determining the compensation, the Tribunal awarded Rs.25,967/-, which was the expenditure incurred for medicines and the Tribunal awarded for all other claims Rs.1,25,000/- without discussing any one of the heads of claim. I am prepared to undertake such an exercise to see whether the amount of compensation could be increased in any way to what the claimant perceived to be grossly inadequate. For two fractures and for surgical intervention, I would provide for Rs.20,000/- and for transportation expenses which she must have incurred from Karnal to Chandigarh during the time of hospitalization and for further treatment, I would provide for Rs.5,000/-. For the period of hospitalization from 31.10.2002 and 16.11.2002, I will provide for attendant charges at Rs.2,000/- and she being a student in the school, there is no question of loss of income for making any provision for loss of earning capacity in a case where the capacity to earn itself by virtue of the injury was never put to any test. All that would therefore, remain would be to consider the issue of how the disability has impacted her amenities in life in a case where there was evidence that she was a good hockey player. The Tribunal had awarded Rs.1,25,000/- under all the heads and after making a provision for pain and suffering, transportation and attendant charges as indicated above, FAO No.521 of 2005 -3- there would still be a shortage of Rs.95,000/- which is what I would provide for even loss of amenities in life. I see no scope for increase in compensation already awarded by the Tribunal. 2. I retain the award and dismiss the appeal. (K. KANNAN) JUDGE December 17, 2010 Pankaj*