FAO Nos.729 and 992 of 1993 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Date of Decision: February 07, 2011 (1) FAO No.729 of 1993 Bant singh ….Appellant Versus Paramjit Singh minor son of Babu Singh and another ….Respondents (2) FAO No.992 of 1993 Paramjit Singh ….Appellant Versus Baljinder Singh and others ….Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN Present: None for the appellant. Mr. Fariad Singh Virk, Advocate for Mr. Jagmohan Singh Chaudhary, Senior Advocate for respondent No.1. None for respondent No.2. *** K. KANNAN, J.(ORAL) 1. Both the appeals FAO No.729 of 1993 and FAO No.992 of 1993 are connected. The latter appeal is for enhancement of claim of compensation for fracture at the elbow for the claimant. He had been initially treated in a private nursing home in his village for about seventeen days under the care of Dr. Jora and when he was not fully treated in his village, he FAO Nos.729 and 992 of 1993 -2- was referred to hospital at Bathinda. The doctor had performed a surgery and even at the time of trial the patient was said to be still suffering from pain. The tribunal noticed that the patient was literally supporting the left arm by his right hand. 2. The claimant stated in evidence that on account of the injury he ceased to work. While assessing the compensation, the Tribunal awarded ` 5000/- towards medical expenses, ` 10,000/- towards pain and sufferings, ` 75,000/- for the disability arising out of that accident. In all an amount of ` 90,000/- was determined to be payable. 3. The learned counsel appearing for the claimant refers to the facts that there are bills to the tune of ` 8,500/- and the doctor at Bathinda had himself given evidence to the effect that he charged ` 1200/- as general expenses during the period of his treatment and for hospitalization and medicines it would have cost him around ` 5000/-. I will provide for ` 10,000/- for treatment towards medical expenses. For fracture in the arm that resulted in its stiffness, the tribunal had awarded ` 5000/- for disability and ` 10,000/- towards sufferings and pain. I will raise it to ` 15000/-. The tribunal awarded ` 75000/- for disability which I will retain. The overall compensation will be ` 1,00,000/-, which means an addition of amount of ` 10,000/-. The amount will also attract interest at the rate of 6% from the date of filing of petition till the date of payment. 4. FAO No.729 of 1993 is an appeal challenging the quantum and liability of the appellant. Having regard to the view taken in the connected appeal FAO No.992 of 1993, the appeal No.729 of 1993 is dismissed. The award stands modified to the above extent. The appeal No.992 of 1993 is allowed. FAO Nos.729 and 992 of 1993 -3- 07.02.2011 (K. KANNAN) vcgarg JUDGE