Punjab-Haryana High Court
Sube Singh Son Of Sh. Manphool vs Pawan Kumar Son Of Sh. Kanshi Ram And ... on 18 March, 2011
Author: K. Kannan
Bench: K. Kannan
FAO No.5665 of 2010 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.5665 of 2010 (O&M)
Date of Decision. 18.03.2011
Sube Singh son of Sh. Manphool, caste Chamar, resident of village
Mugalpura, Tehsil and District Hisar.
......Appellant
Versus
Pawan Kumar son of Sh. Kanshi Ram and others .....Respondents
Present: Mr. Ajit Sihag, Advocate
for the appellant.
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 appeal is for enhancement of claim for compensation for injuries suffered in an accident. The patient had remained in hospital for treatment from 31.10.2007 to 19.11.2007. While dismissing the petition for compensation, the Tribunal awarded Rs.20,000/- for disability arising out of the accident, which I would understand as the inconvenience caused to him by the 11% disability which was assessed and provided for Rs.17991/- towards medical expenses, Rs.7,000/- towards pain and suffering, Rs.3,000/- towards special diet and transportation.
2. Learned counsel states that a higher amount of compensation must have been awarded for transportation and also for pain and suffering. Non pecuniary heads are invariably subjective and if there is an assessment of Rs.7,000/- for pain and suffering for a fracture, which FAO No.5665 of 2010 (O&M) -2- has resulted in a hospitalization for 15 days and that is the only substantive ground urged in appeal, I shall be loathe to make an interference with the award.
3. The assessment of Rs.3,000/- towards special diet and transportation awarded by the Tribunal is in conformity of evidence and I cannot take this to be inadequate to reappraise the quantum of compensation.
4. The award is confirmed and the appeal is dismissed.
(K. KANNAN) JUDGE March 18, 2011 Pankaj*