FAO No.856 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.856 of 1998 Date of Decision.10.11.2010 Dinesh @ Binesh son of Laxi Chand resident of Shastri Nagar, 1st Turn, Panchsheel Colony, Garh Road, Meerut (U.P.). ......Appellant Versus Ram Kumar son of unknown c/o Central Sheet Breeding Farm, Sirsa Road, Hisar and others ......Respondents 2. FAO No.857 of 1998 Ashok Kumar son of Sh. Hardwari Lal, resident of village Kunehra P.O. Surana Teh and Distt. Ghaziabad ......Appellant Versus Ram Kumar son of unknown c/o Central Sheet Breeding Farm, Sirsa Road, Hisar and others ......Respondents Present: Mr. Manmohan, Advocate for Mr. Suman Jain, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. Both these appeals arise out of the same accident at the instance of two claimants, who have sought for enhancement of compensation for the injury suffered in the accident. 2. In FAO No.856 of 1998, the Tribunal has provided for compensation in the following fashion:- For medicines : Rs.16,562/- FAO No.856 of 1998 -2- For transportation & diet : Rs.5,000/- For pain and suffering :Rs.5,000/- For permanent disability :Rs.45,000/- Total :Rs.71,562/- 3. The Tribunal calculated the total sum wrongly at Rs.67,000/-, obviously a clerical mistake. The only additional amount that I can provide for, is correcting the mistake, which was fallen short by Rs.5,000/- and an additional amount of Rs.10,000/- for pain and suffering calculating @Rs.7500/- for every fracture. The additional amount of compensation that the claimant would be entitled to would be Rs.15,000/- with interest @6% from the date of the petition till the date of payment. 4. As regards the claim in FAO No.857 of 1998, the Tribunal has provided for compensation under the heads namely for medicines cost Rs.28,372/-, transportation Rs.5,000/-, for disability for 30% Rs.40,000/-. This amount of Rs.40,000/- was said to include of the estimation for disability future loss of income and pain and suffering. I will provide independently for pain and suffering for the two fractures of both the bones of his leg @Rs.15,000/- in addition to what has been already awarded. The claimant shall be, therefore, entitled to an additional amount of Rs.15,000/- with interest @6% over what has been already awarded by the Tribunal. 5. Both the appeals are allowed to the above extent only. (K. KANNAN) JUDGE November 10, 2010 Pankaj*