IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2595 of 1996 (O&M) Date of decision:23.12.2010 Major Narayanan P.V. ....Appellant versus Randhir Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. H.S.Gill, Senior Advocate, with Mr. Vivek Goel, Advocate, for the appellant. None for respondent No.1. Mr. Kunal Garg, AAG, Haryana, for respondent No.2. ---- 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. 1. The appeal is for enhancement of compensation for injuries sustained by an army personnel, aged 38, who after the accident had been found to be fit only for sedentary duty and declared unfit for combat, unfit for hilly areas and unfit for promotion. The disabilities mean loss in every aspect that one hopes to otherwise achieve in one's career viz. fit to fight, fit to scale heights and fit to go up the ladder in the official hierarchy. I would take the 40% disability also resulting in 20% loss of earning power. His average income was Rs.15,000/- and the loss of FAO No.2595 of 1996 (O&M) - 2 - earning power, I would take as 5,40,000/- (15,000 x 12 x 20% x 15=5,40,000). The Tribunal had provided for Rs.2,65,000/- and this will mean an increase of Rs.2,75,000/-. 2. Even as regards pain and suffering, the claimant had compound fracture and dislocation of the ankle and communicated condylar fracture. He had two operations and advised to walk with crutches/walking stick. I would provide for Rs.25,000/- for pain and suffering. 3. By the aforesaid reappraisal, this shall be an addition to the tune of Rs.2,80,000/- and this will attract interest at 6% from the date of petition till date of payment. The liability shall be on the respondents and recoverable against the employer on the basis of vicarious liability. 4. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 23.12.2010 sanjeev