FAO No.7113 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.7113 of 2010 Date of decision April 25, 2011 Smt. Harpal Kaur ....... Appellants Versus Kulveer Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Ms. Prabha Yadav, Advocate for Mr. G. S. Sidhu , Advocate for the appellants. **** 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 in a motor accident. Before the Tribunal the contest was that she has spent about `1,80,000/- on account of accident. She was not able to do house hold chores. She was 60 years of age and the evidence given before Court was to the effect that the disability was to the extent of 20%. The petition had been filed under Section 163-A and the Court therefore found that there was no need to prove even the issue of negligence. However while determining the compensation, the Court awarded `60,000/- for the disability caused and `50,000/- for pain and suffering. The Tribunal also awarded `32,100/- as medical expenses that were covered through bills. 2. Learned counsel states that the disability had not been properly provided. In my view, even the manner of assessment and FAO No.7113 of 2010 2 discarding Schedule-II in the case where application had been filed under Section 163-A was clearly not tenable. The component of pain and suffering under Section 163-A could not have been more than `2500/- for any permanent disability. The claim could have been as high as `25,000/- and medical expenses could not be more than `15,000/- as per Schedule- II. Under each head of claim, the Tribunal had erred to the benefit of the claimant. There cannot be a further enhancement of what has already been awarded by the Tribunal. 3. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE April 25, 2011 archana