FAO No.1513 of 2005 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1513 of 2005 Date of Decision. 27.08.2010 Oriental Insurance Company Limited, through its Assistant Manager, SCO No.109-111, Sector 17-D, Chandigarh ......Appellant Versus Harpreet Rai Chadha (minor) son of Shri Hardeep Rai Chadha and others ......Respondents Present: Mr. Rahul Garg, Advocate for Mr. Ashwani Talwar, 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. The insurance company is on appeal challenging the quantum, having taken the permission under Section 170 of the Motor Vehicles Act to defend the case on all grounds. 2. The claim arises out of injury sustained in a motor accident where a boy aged 9 years suffered an amputation of the hand from the shoulder. The Tribunal found the accident to be the result of the negligence of the insured's driver and while determining the compensation provided for the following heads of claim: Loss of amenities of life, enjoyment Rs.1,00,000 of life, loss of prospects of marriage good job and disfigurement FAO No.1513 of 2005 -2- Medical bills Rs. 50,000 Cost of artificial limb Rs. 4,00,000 Service for medical attendant @ Rs.1,000/- pm for 4 to 5 years Rs. 50,000 For diet and transportation expenses Rs. 10,000 For pain and suffering Rs. 50,000 On account of permanent disability Rs. 1,80,000 Total Rs.8,40,000 3. Of the above heads of claim, the doctor had given evidence to the effect that the cost of artificial limb would vary from Rs.3 lacs to 4 lacs and the Tribunal, therefore, took Rs.4 lacs as the amount payable. The medical expenses have been the actual expenses suffered and the compensation for matters relating to compensation for injury, a certain approximation is necessary, and for a boy, who has aged 9 years has to live with the disability through the rest of his life is serious enough and the assessment of compensation made by the Tribunal under each one of the heads, in my view, is appropriate and I will not subject the same to any alteration. 4. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE August 27, 2010 Pankaj*