FAO No.2941 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. FAO No.2941 of 1999 DATE OF DECISION: March 17, 2011 ROHTASH ...APPELLANT VERSUS RAN SINGH AND OTHERS ...RESPONDENTS PRESENT: MR. R.S. KUNDU, ADVOCATE FOR TJE APPELLANT. MR. R.S. SANGWAN, ADVOCATE FOR RESPONDENTS NO.1 TO 3. MR. TEJINDER PAL SINGH, ADVOCATE FOR THE RESPONDENT NO.4. 2. FAO No.2967 of 1999 NATIONAL INSURANCE COMPANY LTD. ...APPELLANT VERSUS ROHTASH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. TEJINDER PAL SINGH, ADVOCATE FOR THE APPELLANT. MR. R.S. KUNDU, ADVOCATE FOR RESPONDENT NO.1. MR. R.S. SANGWAN, ADVOCATE FOR RESPONDENTS NO.2 TO 4. ---- K.KANNAN, J.(ORAL) 1. Both the appeals are connected. FAO No.2941 of 1999 is by FAO No.2941 of 1999 -2- the claimant for enhancement of compensation for the injury resulted in amputation of his leg below the waist and above knee. The Doctor had assessed the disability at 85%. He was said to be an agriculturist aged 25 years and also doing dairy farming earning `10,000/- per month. The Tribunal awarded `25,000/- towards pain & suffering. 2. The claimant had a treatment at PGI Rohtak from 8.7.1995 to 24.7.1995. I will assess the compensation taking note of the fact that his native village was about 72 kms. from the hospital and he ought to have spent money for transportation and attendant charges. I will take 85% disability which had been assessed as resulting in also 80% loss of earning capacity as provided under Schedule II of the Workmen Compensation Act. I will tabulate the compensation as follows:- Injury Cases Age: Period of Hospitalization 8.7.95 o 24.7.95 Occupation & Income - Agriculturist Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Loss of income from to 15,000 p.a. 15,000 p.a. 2. Medical Expenses: (i) Medicines 5000 (ii) Hospital Charges (iii) Attendant Charges 2500 (iv) Special Diet 2500 3. Transport 2500 4. Pain & Suffering – per fracture/per surgery 25,000 25,000 5. Disability in %age 85% 85% 6. Reduction in life expectancy 7. Loss of earning power in %age 80% 8. Income x % of loss of earning power x multiplier 2,04,000 FAO No.2941 of 1999 -3- Injury Cases 9. Loss of amenities 25,000 Total 1,25,000/- 2,81,500/- 3. I have assessed the loss of earning capacity taking the income to be `15,000/- per annum on account of unsubstantiated evidence that he had `10,000/- as income as an agriculturist per month. The additional amount 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 only be on the insurance company on account of the fact that there had been renewals of licence on two occasions and the owner himself had given evidence to the effect that he had verified the licence and believed it to be correct. The insurance company was making a plea that original issue of licence was not genuine. I will hold that bona fide belief of the owner as spoken to by him will give him a right of indemnity in the light of the decision laid down in National Insurance Company Ltd. vs. Swaran Singh, reported as (2004) 3 SCC 297. 5. The appeal by the claimant is allowed and the appeal filed by the insurance company is dismissed finding the liability to be properly fastened in the insurer. March 17, 2011 (K.KANNAN) Gulati JUDGE