FAO No.3666 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3666 of 1999 DATE OF DECISION: March 15, 2011 RAJBIR SINGH ...APPELLANT VERSUS OM PARKASH AND OTHERS ...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. Y.P. MALIK, ADVOCATE FOR THE APPELLANT. NONE FOR RESPONDENTS NO.1 AND 2. MR. N.K. KHOSLA, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident. The Tribunal found that the petitioner was a body-builder and earned certificates of merit, but ultimately in the accident he had suffered serious fractures of both arms and particularly, he had serious neurological complications. For the fracture of the right radius, several surgeries have been undertaken and the Tribunal found that a Doctor had given evidence to the effect that surgeries could not help to restore the functional ability of the arm and certified the disability to have resulted in 90% for the whole arm. It is another way of saying that the total functional capacity of the right hand was lost. He was a body-builder and the document showed that he had participated in inter-district competitions and he had also an invitation to go to foreign country. He was aged 22 years and there was also evidence that on account of injuries, he had lost one year FAO No.3666 of 1999 -2- of study. The various periods of hospitalization were 20.12.1996 to 21.12.96, 4.1.1997 to 8.1.1997, 10.3.1997 to 19.3.1997 and 26.6.1997 to 30.6.1997. The medical bills filed on record showed that he had spent about `19,561/-. Without adverting to the heads of claims, the Tribunal had assessed the compensation at `2 lacs of rupees. 2. I would proceed to determine the compensation taking 90% disability which was functional loss of arm to have resulted also 90% loss to earning capacity for a person who was young and who had lost completely the use of hand. It was as if he suffered an amputation of arm with neurological complications. I would tabulate the compensation payable to the appellant as follows:- Injury Cases Age: 22 Period of Hospitalization- 20.12.1996 to 21.12.96, 4.1.1997 to 8.1.1997, 10.3.1997 to 19.3.1997 and 26.6.1997 to 30.6.1997 Occupation & Income - B.A.-II Student Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income from to 2. Medical Expenses: (i) Medicines 20,000 (ii) Hospital Charges (iii) Attendant Charges 2500 (iv) Special Diet 5000 3. Transport 5000 4. Pain & Suffering – per fracture/per surgery 25,000 5. Disability in percentage 90% 90% 6. Reduction in life expectancy/Loss of amenities - 7. Loss of earning capacity 90% FAO No.3666 of 1999 -3- Injury Cases 8. Income x % of loss of earning power x multiplier 2,43,000 9. Loss of prospect of marriage, loss of amenities 25,000 Total 2,00,000/- 3,25,500/- 3. 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. 4. The liability shall be in the same manner as determined by the Tribunal. 5. The appeal is allowed to the above extent. March 15, 2011 (K.KANNAN) Gulati JUDGE