FAO No.2490 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2490 of 1999 DATE OF DECISION: March 7, 2011 PARVEEN KUMAR ...APPELLANT VERSUS AJAIB SINGH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. MANAV BAJAJ, ADVOCATE FOR MR. SUMEET GOEL, ADVOCATE FOR THE APPELLANT. NONE FOR RESPONDENTS NO.1 AND 2. MR. PAUL S. SAINI, ADVOCATE FOR RESPONDENT NO.3. MR. KUNAL GARG, AAG, HARYANA. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation for injuries sustained in a motor accident. The claimant had suffered an amputation below knee. The Tribunal had awarded `2,05,000/-. The claimant was a student undergoing JBT training. As regards the loss of earning capacity, the Tribunal had taken the income to be around `1200/-, adopted 60% on that for determining the loss of earning capacity and adopted a multiplier of 16. I will not find any reason to modify the same having regard to the fact that there was no particular evidence brought out as to the scale of income which was possible at the relevant time. Even the FAO No.2490 of 1999 -2- choice of multiplier was appropriate for the injury for, it has been worked out as suggested in Schedule II to the Motor Vehicles Act. However, I find that the claimant has not been appropriately compensated for the loss of amenities for life for a young person of 20 years who had lost his foot and the loss of prospect of marriage. I rework the compensation under the various heads in the manner tabulated below:- Injury Cases Age: 19½ Period of Hospitalization 16.4.96 to 31.05.96 Occupation - Student - JBT Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income from to 2. Medical Expenses: (i) Medicines 45,000 (ii) Hospital Charges 50,000 (iii) Attendant Charges 5000 (iv) Special Diet 7500 3. Transport - 2500 4. Pain & Suffering – per fracture/per surgery 20,000 25,000 5. Disability 60% 60% 6. Loss of earning capacity 60% 60% Income x % of loss of earning power x multiplier 1,34,400 1,34,500 7. Reduction in life expectancy/Loss of amenities 75,000 8. Loss of prospect of marriage 25,000 Total 2,05,000/- 3,19,500/- The total compensation will be, therefore, `3,19,500/-. The amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. 2. The Tribunal has found that there was a case of contributory FAO No.2490 of 1999 -3- negligence by the driver of the bus and the driver of the truck against which it struck. The claimant was a passenger in the bus. This would mean that it was a case of composite negligence qua the claimant and the claimant shall be entitled to enforce it against any or all of them and the liability shall be joint and several. Amongst the respondents themselves, namely, between the owner of the bus and the truck, it would mean an equal liability of apportionment and anyone party may apply for contribution after satisfying the award in execution proceedings without having to resort to any independent action for contribution. The award is modified and the appeal is allowed to the above extent. March 7, 2011 (K.KANNAN) Gulati JUDGE