FAO No.1274 of 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** FAO No.1274 of 2000 Date of decision : 5.5.2011 Hoshiar Singh .............Appellants Vs. Ramphool and others .......Respondents CORAM : HON'BLE MR. JUSTICE K.KANNAN Present:- Mr.Sanjay Vashisht, Advocate, for the appellant None for respondents No.1 and 4 Mr.Kunal Garg, AAG Haryana, for respondents No.2 & 3 --- K.KANNAN, J (ORAL) :- 1. This FAO is for enhancement of compensation for injury sufferred in a motor accident. The actual nature of injury suffered, is not brought through the judgment. Now the learned counsel is unable to give me any details. The original record has not been sent for and I proceed to examine the case only on the basis of what has found in the judgment and what has shown to me. The disability certificate issued by Medical Board is very unsatisfactory for it merely records a fact of restrictions of movements of the right shoulder with pain and weakness of muscles. The disability is assessed as 30%. 2. While determining the compensation, the Tribunal has awarded ` 5,000/-for pain and suffering and for hospitalisation. Since the certificate refers to the disability as permanent, I increase FAO No.1274 of 2000 -2- the compensation for pain and suffering from ` 5,000/-to `10,000/-. The Tribunal has awarded ` 5,000/-towards medical expenses, which I shall retain. It has assessed ` 30,000/-for disability arising out of restrictions of movements of right shoulder with pain and weakness of muscles. The learned counsel admits that it has not been brought through evidence, whether this disability has affected the earning skills. The assessment must be understood as having been made for inconvenience and loss of amenities. The Tribunal has not awarded any amount for hospitalisation, attendant's charges and transportation for which I shall provide ` 5,000/-. 3. With such inadequate evidence regarding the nature of disability and how it impact the earning skills, I will still provide an additional amount of ` 10,000/-for disability. Overall, the total compensation would be ` 60,000/-against ` 40,000/-, what has been awarded by the Tribunal. This amount shall attract interest @ 6% P.A. from the date of filing the petition till the date of payment. The award is modified to the above extent. FAO is allowed in the above terms. (K.KANNAN) JUDGE 5.5.2011 akm