IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.995 of 1989 (O&M) Date of decision:10.11.2010 Mr. Sham Dass ....Appellant versus Sube Singh ...Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Jagdish Manchanda, Advocate, for the appellant. None for the respondent. ---- 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 injuries suffered in an accident. The claimant was said to have remained admitted in Sapra Hospital for 22/23 days and he contended that he had spent about Rs.40,000/- for hospitalization, transportation, diet etc. The injuries had left him wounded on his left leg and he gave evidence to the effect that he had undergone a surgery and another operation would have to be done. He was said to have suffered a shortening of limb by 1 ½ inch and that he was able to walk only with the help of stick. It was further contended that he was a contractor having monthly income of Rs.1,500/- and he could not do any work due to injuries at least till FAO No.995 of 1989 (O&M) - 2 - 25.11.1988 when he gave evidence in Court. The accident had taken place on 18.01.1988. While detaining the heads of expenses which was suffered apart from the medical expenses, he gave evidence that he was engaging the services of a servant to help him and that he was paying Rs.650/- per month. He also produced bills for the same which were exhibited as P1 to P4. 2. Dr.M.R.Sapra, who had given treatment to the petitioner, gave evidence to the effect that he had charged Rs.4,175/- for three operations and had charged Rs.1,631/- as room charges for 21 days and the doctor also said that he would have spent between Rs.15,000/- to Rs.20,000/- on medicines and food supplements. I am prepared to accept the entire amount as suggested by the doctor and would provide in addition to Rs.6,000/- towards hospital charges and operation charges to a further sum of Rs.20,000/- for medical expenses and food supplements. He had given evidence to the effect that he was paying Rs.650/- per month for his attendant and I will take the entire amount as suggested by him for a period of 8 months and take the amount as spent towards attendant as Rs.5,200/-. The claimant has given evidence to the effect that he was earning about Rs.1,500/- per month and for the entire period of his treatment and his convalescence for a period of 8 months, I would provide to him at the same rate of Rs.1,500/- per month for 8 months which will be Rs.12,000/- as going towards loss of income. For shortening of limb and for inconvenience suffered by him for the disability which was assessed at Rs.10,000/-. I shall retain the same. I will provide again Rs.10,000/- for loss of amenities of life. I would FAO No.995 of 1989 (O&M) - 3 - provide for Rs.10,000/- for two fractures, and for surgical pain and suffering. In all, the amount of compensation under all the above heads would be Rs.67,200/-. The Tribunal has already awarded Rs.35,000/- and the amount in excess of what was awarded by the Tribunal will also draw interest at 6% from the date of petition till date of payment. 3. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 10.11.2010 sanjeev