FAO No.68 of 1998 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.68 of 1998 (O&M) Date of Decision: 04.05.2011 Ranbir Kumar ... Appellant Versus Guljar Singh and Ors. ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Ajit Atri, Advocate for Mr. Ashit Malik, Advocate, for the appellant. 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 in a motor accident. The injuries were compound fracture of both bones of right leg, fracture of the lower end femur right side and dislocation of the lower humerous right side and some head injuries. The Doctor, who treated him, gave evidence to the effect that he had charged Rs.16,000/- for medicines and surgery. The claimants have also produced medical bills to the tune of Rs.19,000/-. He assessed the disability at 40% that comprised of assessment of 30% restriction of movement of the right elbow joint, 4% for shortening of right lower limb, 4% for non-healing ulcer at right heel and 2% for pain and mild disability. The Doctor also gave evidence that the disability could reduce over a period of time. The Doctor has further stated that there is no movement of the right elbow joint and he could perform all other duties, which do not involve the movement of the FAO No.68 of 1998 (O&M) -2- right elbow. 2. The petitioner was 16 years of age and said to be assisting another Photographer in video photography. His contentions was that he was earning Rs.2,000/- and subsequent to the accident, his earning capacity has been substantially impacted. In the cross-examination, he stated that he had studied upto 8th class but not having certificate to show his prowess in photography. 3. The compensation has proceeded only broadly under the two heading, medical expenses assessed at Rs.30,000/- and Rs.70,000/- as general damages. In a case where the contention was that there had been a restriction in movement of the right elbow and when this evidence also that he was assisting a professional Videographer, the use of the hand can hardly be under-estimated. The learned counsel for the Insurance Company contends that he had no specific qualification and he had studied only upto 8th class and thus, there is no scope of reduction of his earning abilities, therefore, the compensation of Rs.70,000/- for general damages ought to be seen as adequately compensated. 4. General damages in the context of grievous injuries would admit of several components. Disability that causes functional impairments of the limbs would go towards estimation of loss of amenities. A person who suffers such a disability could also suffer loss of earning power, in which case the future loss will have also to be computed. The restriction of movement of the right elbow, which was assessed as resulting in 30% functional disability, I would understand as resulting in loss of earning to the extent of 25% and take the said loss of the income that work out to Rs.1,08,000/- (Rs.2,000 X 25% X 12 X 18). He had fractures at three places and he had been FAO No.68 of 1998 (O&M) -3- hospitalized for about two and half months and four surgeries had been carried out. The Doctor has also given evidence that he needs a further surgical treatment for right elbow. For the fractures and hospitalization, I provide for Rs.25,000/- towards pain and suffering. At the loss of amenities to life resultant to functional disability will also have to be compensated which I estimate at Rs.25,000/- for 40% disability assessed by the Doctor. The Tribunal has awarded compensation of Rs.30,000/- for medical expenses against bills which have been proved to the extent of Rs.35,000/-. I will provide Rs.35,000/- wholly and also add another Rs.15,000/- towards future medical expenses. For the attendant charges and for special diet, I will allow an amount of Rs.2500/- each. The overall compensation as calculated would be as under: - Injury Cases Age: 18 Period of hospitalization 2 ½ months Occupation & Income Heads of Claim Tribunal High Court Sr. No. Amount (Rs.) Amount (Rs.) 1 Loss of Income from to 2 Medical Expenses: (i) Medicines 30,000/- 35,000/- (ii) Future Hospital Charges 15,000/- (iii) Attendant Charges 2,500/- (iv) Special Diet 2,500/- 3 Transport 4 Pain & Suffering – 3 fractures/ 3 limbs surgery 25,000/- 5 Disability in percentage 40% 40% 6 Reduction in life expectancy/ loss of amenities 25,000/- 7 Loss of earning power in percentage 25% 8 Income x% of loss of earning power x multiplier 70,000/- 1,08,000/- 9 Loss of prospect of marriage - - 10 Total 1,00,000/- 2,13,000/- FAO No.68 of 1998 (O&M) -4- 5. The amount in excess over what has been granted by the Tribunal will also attract interest at 6% from the date of filing of the petition till the date of payment. 6. The award is modified and appeal is allowed to the above extent. The liability shall be in the same manner as provided by the Tribunal. MAY 04, 2011 ( K. KANNAN ) Rajan JUDGE