FAO No.2103 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2103 of 1999 DATE OF DECISION: March 25, 2011 RAM NARAIN ...APPELLANT VERSUS UNION OF INDIA & 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. SUDHIR HOODA, ADVOCATE FOR MR. NARENDER HOODA, ADVOCATE FOR THE APPELLANT. MS.KAMLA MALIK, ADVOCATE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim for compensation for the injuries suffered in a motor accident resulting in fracture of shaft femur and fracture of sub tronchonteric right side. The respondents denied the involvement of vehicle, but the Tribunal found the same to be established and awarded `75,000/- as compensation. 2. While assessing the compensation the Tribunal assessed `25,000/- towards medical expenses, hospital charges, attendant charges and awarded `50,000/- for disability and pain & suffering. The mode of assessment of compensation is far from satisfactory and I have proceeded to examine if there is any scope for enhancement for the same. 3. It appears as per record that the claimant was hospitalized from FAO No.2103 of 1999 -2- 17.2.1995 to 7.4.1995. He was an Asst. Linesman in the Electricity Board and it is not very clear from the evidence of what his own income was or how the injury had resulted in any loss of earning capacity. It is not even possible to verify from the evidence whether there had been any loss of income of the same during the period of hospitalization. I have assumed that he must earned at least `2500/- and would provide as loss for two months. The medical bills produced before the Tribunal totalled to `3995/- which I will round off to `4000/-. He had two fractures and operations were said to have been performed thrice. I do not have the benefit of hospital charges or the fact that there had been three operations. I will assume that there had been three operations and provide for `2500/- for each one of the operations as component of pain & suffering and add another `5000/- for each fracture. For future medical expenses, I will make a further provision for `4000/- equivalent to the cost which was incurred at the time when the trial was going and also provide for `5000/- for hospital charges, `2500/- for special diet and `2500/- for attendant charges. 4. The medical board which had been constituted for assessing the disability had certified the injuries suffered, but the same certificate also states that since the patient required yet another operation the disability had not been assessed. There is no knowing whether there had been yet another operation and whether the disability was assessed subsequently. If I must assume that there had been a disability relating to restriction of range of any movement, it ought to be a functional disability which must have healed over a period of time. I will assume the loss of amenities caused to the claimant at `25,000/-. If the amount were to be reworked, I still find the FAO No.2103 of 1999 -3- total compensation that could be awarded under all heads would fall short of the amount of what has been already awarded by the Tribunal. I tabulate the various heads of compensation as below:- Injury Cases Age: 40 Period of Hospitalization 17.2.95 to 7.4.95 Occupation & Income - Asst. Linesman, E.B. 3500 Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income from to 5000 2. Medical Expenses: (i) Medicines 4000 (ii) Hospital Charges 5000 (iii) Attendant Charges 25,000 2500 (iv) Special Diet 2500 3. Transport 2500 4. Pain & Suffering – per fracture/per surgery 17,500 5. Disability in percentage 6. Reduction in life expectancy/Loss of amenities 50,000 25,000 7. Loss of earning power in %age 8. Income x % of loss of earning power x multiplier 9. Loss of prospect of marriage Total 75,000/- 64,000/- I do not think there is any scope for enhancement. The appeal is dismissed. March 25, 2011 (K.KANNAN) Gulati JUDGE