IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1904 of 1994 (O&M) Date of decision:05.10.2010 Subhash ....Appellant versus Chhotu Ram and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Sanjay Vashisth, Advocate, for the appellant. None for respondent No.1. Mr. Kunal Garg, AAG, Haryana, for respondents 2 and 3. ---- K.Kannan, J.(Oral) 1. The claimant, who was a school student, aged 15 years, suffered an injury in his leg while travelling in a bus belonging to the Haryana Roadways. The Tribunal found the driver of the bus to be negligent and assessed the compensation of Rs.12,000/- under no fault liability. For permanent disability suffered by him, he produced a certificate from Medical Board, Bhiwani to say that he had 24% disability in the left lower limb due to mal-union of fracture femur in functional position that resulted in one inch shortening of limb with restriction of movements while sitting on floor, squatting, flexion and muscle wasting with fracture, contraction on medial side of thigh. He was alleged to be in the hospital for about a month and the claimant's own evidence was that he used to be playing football but he was not able FAO No.1904 of 1994 (O&M) - 2 - to play after the injuries and permanent disability that he had suffered. With severe paucity of materials for determining the appropriate compensation which is just in a case where even a doctor had not been examined to speak about disability. I shall make an approximation as much as possible for the claimant in the following manner. 2. For medical expenses for a period of one month, although no bills had been produced, I would take it to be Rs.2,500/-; for a fracture of his leg that has caused a permanent disability to the extent of 24% and hospitalization of a month, I would provide for pain and suffering at Rs.15,000/-; for a month long period of hospitalization, I will take the attendant charges to be Rs.1,000/- and for extra diet, I would provide for an amount of Rs.2,000/-; for transportation expenses, I will add another Rs.1,000/- and for loss of amenities of life for a student, who could not engage himself in active sports, I will take the loss to be Rs.25,000/-. I cannot provide for any loss of earning capacity in the absence of any specific proof especially when no medical evidence is available as to how the disability could impact his earning skills in future. In all, the amount of compensation that will become payable will be Rs.46,500/-. The Tribunal has already awarded Rs.12,000/- and the amount that is determined now shall attract interest at 6% from the date of petition till the date of payment. 3. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 05.10.2010 sanjeev