IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.816 of 1993(O&M) Date of decision:08.02.2011 Sajjan Singh (deceased) through his LRs ....Appellants versus Pawan Kumar and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.H.S.Guram, Advocate, for the appellants. None for respondent No.1. Mr. H.S. Gill, DAG, Punjab, for respondents 2 and 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 a person, who had suffered a fracture of his leg that required hospitalization and a surgical intervention for open reduction of the fracture. The doctor, Jaswinder Pal Singh, had given evidence as AW2 to state that the claimant was admitted in his hospital on 25.09.1990 and discharged satisfactorily on 08.10.1990 and readmitted on 02.12.1991 and discharged on 04.12.1991. He had been put on normal diet, but on account of the injuries, there had been a permanent disability by a restriction of movement of the right ankle with shortening of the right limb by 1 inch. The doctor estimated the disability at 10%. 2. In evidence before the Tribunal, the claimant had produced FAO No.816 of 1993(O&M) - 2 - bills for Rs.12,427/- for purchase of medicines and the doctor himself had given evidence to the effect that the plate and screws would have cost him Rs.4,000/- to Rs.5,000/-. I will provide for Rs.5,000/- towards medical expenses and add another Rs.10,000/- for hospitalization and consultation charges and find the claim under medical expenses, transportation etc. at an additional amount of Rs.15,000/-. For a restriction of movement and the inconvenience that he had to carry through his life with 10% disability, I will provide for Rs.10,000/- and provide for a further amount of Rs.10,000/- for pain and suffering for a fracture that required a hospitalization and surgical intervention. In all, the total sum would come to Rs.47,427/-. The Tribunal had awarded Rs.15,000/- and the amount in excess shall attract interest at 6% from the date of petition till date of payment. The liability amongst the respondents shall be in the same manner as prescribed by the Tribunal. 3. The claimant has died and the legal representatives have been added. Since the award had already been passed and a reassessment is made only for what was required to be properly assessed, there shall be no abatement of claim for the legal representatives, who have been brought on record. 4. The appeal is allowed to the above extent and the amount shall be distributed amongst the legal representatives of the claimant. (K.KANNAN) JUDGE 08.02.2011 sanjeev