FAO No.4269 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4269 of 2005 DATE OF DECISION: February 15, 2011 BHOOP SINGH ...APPELLANT VERSUS NIJHAR & ETC. ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? Yes/No 2. To be referred to the reporters or not? Yes/No 3. Whether the judgement should be reported in the digest? Yes/No ---- PRESENT: MR. N.K. MALHOTRA, ADVOCATE FOR THE APPELLANT. NONE FOR RESPONDENTS NO.1 AND 2. MR. R.M. SURI, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation for a person who had lost vision in both eyes on account of the accident and was awarded compensation of `2,30,000/-. The claimant himself was aged 45 years. He had been hospitalized for injuries on 23.4.2002 and remained in hospital till 8.5.2002. He admitted in his evidence that his treatment was free, but he said that he was taking treatment for nearly a year and he had spent about `1 lacs of rupees for his medical expenses. The Tribunal awarded `27,000/- for pain and suffering, `2 lacs for the disability arising from loss of vision and `3000/- for loss of income during the period of hospitalization. 2. Before the Tribunal he had given evidence to the effect that he FAO No.4269 of 2005 -2- used to earn `200 per day as a mason and that he was also earning as a labour contractor. The Tribunal discarded the evidence that he was working as a labour contractor and held that he could have earned `600/- per month. The assessment of compensation by the Tribunal is wholly inadequate and inappropriate and I will reappraise the compensation in the light of law laid down by the Hon'ble Court in Raj Kumar vs. Ajay Kumar, reported as 2010 (12) SCALE 265. This Court has also laid down the principles of compensation on a reasonably scientific basis in Madan Lal Papneja vs. State of Haryana and others in FAO No.422 of 1993 dated 12.11.2010. 3. The mason does not get employed right through 365 days and even if the income at `200/- per day were to be taken, I will take the average income per month at `4000/-/ Since a 100% disability for a mason by the loss of vision would mean 100% loss of earning capacity as well, the compensation shall be worked out with reference to his income and age by application of a multiplier method. The pain and suffering for a person who has undergone a treatment for nearly a year must also be adequately provided. The loss of amenities for life for a person that becomes eternally dependent of loss of vision must also be appropriately computed. I will reappraise the compensation and tabulate the same as under:- Injury Cases Age: 45 Period of Hospitalization 23.4.02 – 8.5.02 30 Occupation & Income - Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income 3000 2. Medical Expenses: (i) Medicines 5000 FAO No.4269 of 2005 -3- Injury Cases (ii) Hospital Charges - (iii) Attendant Charges 2500 (iv) Special Diet 3. Transport - 4. Pain & Suffering – per fracture/per surgery 27,000 25,000 5. Disability 100% 2,00,000 100% 6. Loss of earning capacity Income x % of loss of earning power x multiplier 6,72,000 7. Reduction in life expectancy/Loss of amenities 1,00,000 8. Loss of prospect of marriage Total 2,30,000 /- 8,04,500/- 4. The amount of compensation which is in addition over what has been determined by the Tribunal will attract interest @ 6% from the date of petition till the date of payment. 5. Since I am providing for a multiplier and assume the amount to be spread over a period of time to compensate for his income, I will provide for withdrawal of the amount upto 60% immediately and direct the retention of 40% of the amount in the deposit with a nationalized bank for a period of 6 years. The amount shall be split into 6 equal shares, the first share for a period of 1 year, second for a period of 2 years and so on upto 6th year. 6. The amount shall be paid on the respective dates of maturity. 7. The award is modified and the appeal is allowed to the above extent. February 15, 2011 (K.KANNAN) Gulati JUDGE