IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2718 of 2000 (O&M) Date of decision:05.04.2011 Joginder Kaur ....Appellant versus Tarlochan Singh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the appellant. None for respondent No.1. Ms. Reeta Kohli, Additional Advocate General, Punjab, for respondents 2 and 3. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. There is no representation for the appellant. I proceed to examine the case with the assistance of the counsel for the State. 2. The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident accident. She had a fracture, dislocation of the hip and she was treated conservatively by reducing fracture and put on traction. She had a prolonged treatment as an out-patient from 27.05.1996 till June,1997. The doctor, who had treated FAO No.2718 of 2000 (O&M) - 2 - her, had given evidence with reference to her present status and also as a person, who has joined along with two others to issue a medical certificate. Dr. M.S.Dhillon, Assistant Professor, Orthopaedics, stated that she had shortening of 1” in the left leg, reduced range of movement in the left knee and flexion deformity and reduced range of movement in the left hip. The assessment for the functional disability was made at 53% and in relation to the whole body, it was assessed at 18%. The doctor denied the suggestion to him in the cross-examination that there was no shortening of the limb and that the dislocation of the hip could occur even with severe trauma due to old age or that she could have slipped and fallen down. 3. The Tribunal had assessed the compensation of Rs.80,000/- that included Rs.15,000/- for medicines and transport, Rs.15,000/- for pain and suffering and Rs.50,000/- for the disability caused to her. I will retain the compensation to accommodate her plea that she had incurred Rs.20,000/- towards medicines and transportation. I will provide to her Rs.2,500/- towards attendant charges during her stay in the hospital and retain Rs.15,000/- which was already assessed by the Tribunal for pain and suffering. The claimant had stated that she was unable to do her household chores and she had to secure the assistance of a person by paying Rs.700/- to carry out the domestic work. I will assess Rs.700/- as the resultant loss by the inconvenience caused to her and apply a multiplier of 11 and assess the compensation for a corpus for the rest of her life at Rs.92,400/- (700 x 12 x 11). The overall compensation would come to Rs.1,29,900/-, which I round off to Rs.1,30,000/-. The addition FAO No.2718 of 2000 (O&M) - 3 - amount of Rs.50,000/- will bear interest at 6% from the date of petition till date of payment. The liability shall be in the same manner as determined by the Tribunal. 4. The appeal is allowed on the above terms. 5. The order copy is ordered to be despatched by the Registry to the appellant at the address given in the memo of parties. (K.KANNAN) JUDGE 05.04.2011 sanjeev