Punjab-Haryana High Court
Kishori Lal (Since Deceased) Through ... vs Ram Kishan And Others on 4 February, 2014
Author: K. Kannan
Bench: K. Kannan
FAO No.2091 of 1994 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.2091 of 1994
Date of Decision.04.02.2014
Kishori Lal (since deceased) through LRs ......Appellant
Versus
Ram Kishan and others ......Respondents
Present: Mr. Ajay Jain, 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. There is appeal against the assessment of compensation for the injury suffered in a motor accident where there had been a fracture of head of humerus with dislocation of the shoulder. The doctor who had examined him after 1 ½ years of the accident had reported that there had been a stiffness of the leg and had assessed the disability at 15%. The Tribunal had not considered various pecuniary heads of claim and assessed an overall compensation at ` 45,000/-. Though the manner of assessment of compensation is wrong in that it does not specifically deal with every head of claim as required to be done in all injury cases and as pointed by the Supreme Court in Raj Kumar Vs. Ajay Kumar and another (2011) 1 SCC 343, I would provide for ` 15,000/- towards the pain and suffering for a fracture that could have caused enormous pain and suffering and for dislocation. I would also Kamboj Pankaj Kumar 2014.02.05 16:20 I attest to the accuracy and integrity of this document Chandigarh FAO No.2091 of 1994 -2- assess the continuing loss of amenity of life by the stiffness which he had to put up for entire life for another ` 15,000/-. If there are any specific documents brought on record in support of medical expenses, I would have considered the same but there is nothing available before me. The overall compensation even if I would have provided ` 15,000/- for medical expenses would be appropriate and I find no reason to interfere with the same.
2. The award passed by the Tribunal is confirmed and the appeal is dismissed.
(K. KANNAN) JUDGE February 04, 2014 Pankaj* Kamboj Pankaj Kumar 2014.02.05 16:20 I attest to the accuracy and integrity of this document Chandigarh