Punjab-Haryana High Court
Col. Satya Parkash Bhardwaj vs Hardev Singh And Others on 4 April, 2014
Author: K. Kannan
Bench: K. Kannan
FAO No. 2116 of 2000 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 2116 of 2000 (O&M)
Date of decision: April 4, 2014
Col. Satya Parkash Bhardwaj
...Appellant
Versus
Hardev Singh and others
...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?
Present: Mr. Amit Sheoran, Advocate,
for the appellant.
Mr. Gaurav Verma, AAG, Haryana.
K. KANNAN, J. (Oral)
The appeal is for the enhancement of claim of compensation. The accident took place on 13.7.1997. The claimant was Lieutenant in the army aged 45 years. He had grievous injuries that resulted in permanent disability assessed at 70%. He was prematurely retired from service on account of his disablement. The doctor PW5, who was a member of the Board, had examined the appellant and stated that he had paraesthesia, hearing loss and hemiparsis. He stated that he had been taking treatment at the PGIMER, Rohtak and Delhi and he had been going by taxi on several occasions. He used to have an attendant always with him. Since his medical expenses were fully taken care off, he would still required to be provided for amounts on account of attendant charges and transportation. The claimant contended that had spent about `80,000/-. The Tribunal had Singh Prem 2014.04.11 11:34 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No. 2116 of 2000 2 no documentary evidence, therefore, it chose to ignore the claim on that account. Considering the distance between the Rohtak and the Delhi and that disability would have hampered use of any public transport, I make some guess work and provide him sum of `25,000/- for attendant charges and transportation. There was evidence that he was drawing salary of `18,267/- at the time of accident. Since he was 45 years of age, he could have surely got promotion and earned higher income. It must have been truly frustrating for an amy officer to lose out his employment and be a crippled person with serious hearing impairment. Unfortunately, in our society, there is always a stigma attached to the persons having hearing deficiency, while a person who has occular impairment secure sympathy or at least better understanding. The pain and suffering components and the loss of the amenities must have been surely better provided for. A person who had normal career in army to be shunted out of service must be accompanied by a substantial loss of finance benefit. I will take the 70% disability as assessed to result in 70% loss of earning capacity as well. I will apply a multiplier of 14, taking 75% of his salary with prospect in increase and assess the compensation and tabulate as under:-
Injured Case Lt. Col. Satya Parkash Date of 13.7.1997 Bhardwaj accident Age 45 Period of 49 hospitalization Occupation & Lt. Col. in Army 18,267 Income Heads of claim Tribunal High Court Sr. No. Amount (`) Amount (`) 1 Loss of Income from to 2 Medical Expenses
(i) Medicines
(ii) Hospital charges Singh Prem 2014.04.11 11:34 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No. 2116 of 2000 3
(iii) Attendant charges 25,000
(iv) Special Diet }
(v) Transportation 3 Pain and suffering 1,00,000 4 Disability 70% 70% 5 Loss of earning capacity 70
(i) Income 23747.10 (ii) Multiplier 14
(iii) 70% of loss of earning 27,92,658 capacity 6 Loss of amenities 1,00,000 Reduction of life 7 expectancy 8 Loss of prospect of marriage Total 3,30,000 29,92,700 The total compensation payable becomes `29,92,700/-.
However, the claimant has made a claim of `14 lakhs. There have been some new theories in matters relating to death where courts have been awarding larger sum towards loss of consortium and loss of love and affection. As far as the injuries are concerned, they are fairly well structured and the person who was filing the petition was a highly educated person with reasonably high career attainment. If the claimant was, therefore, making claim of `14 lakhs, I do not think the power of the court to award larger compensation would required to be applied. I take the amount as his conscious choice and it will be appropriate and just if the amount of `14 lakhs is awarded. Ordered accordingly. The amount in excess of what has been awarded will attract interest @ 7.5% from the date of the petition till the date of payment. The liability shall be on the State.
The award is modified and the appeal is allowed to the above extent.
April 4, 2014 (K.KANNAN)
prem JUDGE
Singh Prem
2014.04.11 11:34
I attest to the accuracy and
integrity of this document
High Court Chandigarh
FAO No. 2116 of 2000 4
Singh Prem
2014.04.11 11:34
I attest to the accuracy and
integrity of this document
High Court Chandigarh