IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.511 of 2011 (O&M) Date of decision:10.05.2011 Jarina ...Appellant versus Jahid and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Surinder Dagar, Advocate, for the appellant. ---- 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. The appeal is for enhancement of claim for compensation for injuries suffered by a child (girl), aged 10 years. She had a fracture of a hand which was corrected through a surgical intervention. She was treated in the hospital at Sona Devi Memorial Hospital, Badshahpur. The Medical Board of the General Hospital, Mandikhera, assessed the disability at 30% for mal-united fracture of both bones of the right forearm. 2. While assessing compensation, the Tribunal provided for Rs.1,35,000/- for medical expenses, transport and diet against bills produced to the extent of Rs.1,27,000/-. It further provided for Rs.50,000/- for loss of income on account of disability and Rs.15,000/- FAO No.511 of 2011 (O&M) - 2 - on account of pain and suffering. The learned counsel argues that the provision for disability is grossly inadequate and the overall compensation determined at Rs.2 lakh is also very low. 3. There is simply no scope for assessing the loss of income for a child, aged 10 years. I would understand the compensation for disability as going towards the loss of amenities of life. The disability at 30% cannot again be for the whole body, but it is only for the particular hand. She is a child of 10 years and there is not likelihood of any serious impairment arising on account of the fracture. The compensation of Rs.50,000/- as 'loss of income' is more than what a case would lawfully admit of. I do not find any error in the award and the same is confirmed. The appeal is, consequently, dismissed. (K.KANNAN) JUDGE 10.05.2011 sanjeev