Murari Lal v. Kulwant Singh & Ors.

CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. G.S. Bains, Advocate for Mr. Vijay Sharma, Advocate for the appellant. Mr. Ravinder Arora, Advocate for the Insurance Company K.KANNAN, J.(ORAL) *****

1. All these cases have been filed by claimants seeking for enhancement of compensation and all the claimants are said to be cobblers FAO No.3402 of 1999, FAO No.3404 of 1999, FAO No.3405 of 1999 & FAO No.3406 of 1999 -2- who by their injuries were seriously disabled and had not been given adequate compensation.

2. FAO No. 3402 of 1999 deals with the case of one Murari Lal who had suffered fracture on left leg. He was hospitalised for three days and he could not work for six months. The Tribunal had awarded a compensation of Rs.10,000/-. The evidence was that Murari Lad had suffered a displacement on left hip joint and he had been treated in the Rajindra Hospital, Patiala for three days. His left leg was given traction which was fractured. He had remained on bed for two to three months. During this period, he could not walk or even to attend his basic necessities for going to toilet etc. He had given evidence to the effect that he has spent Rs.10,000/- on his treatment. The admission and discharge slips had also been attached as Exhibit A-1. Dr. Parveen Puri, AW2 gave evidence that he had suffered fracture/dislocation of left hip joint and also spoke about disability arising to him. I would take a loss of income during his three months' long treatment at Rs.4500 @ Rs.1500 per month and for fracture of dislocation of the hip joint I will provide to him Rs.7500/- for pain and sufferings. He was hospitalised for three days and he had remained under treatment for the temporary disability that he had suffered and for loss of maintenance, I will provide for another Rs.5000/-. In all, I will provide him the compensation of Rs.17000/- and the amount of Rs.7000 in excess of what has been determined by the Tribunal, with interest @6% from the date of petition till the date of payment.

3. As regards the claimant in FAO No. 3404 of 1999 which deals with FAO No.3402 of 1999, FAO No.3404 of 1999, FAO No.3405 of 1999 & FAO No.3406 of 1999 -3- the case of one Sat Pal who gave evidence that he suffered head injury on which 17/18 stitches were applied and his left ankle had also been fractured. He gave evidence to the effect that he spent Rs20,000/- to Rs. Rs.23,000/- and remained admitted in hospital for three days and he had remained on bed for 6-7 months and could not work during that period. It was also alleged that he could not sit constantly as he had pain in his head and with impairment of his eye sight also could not work properly. He was also a shoe maker and was earning Rs.2500/- per month. Dr. Kulwinder Singh, AW.4 had been examined to speak about the injuries and he had also stated that nature of injuries that he suffered could cause a severe strain on his eye sight and it would also cause headache to him till the inner layer of the stitches were fully dissolved and that would take two months time. The Tribunal took that all into consideration and granted compensation of Rs.10,000/-. I will provide to the claimant Rs.2,000/- towards medical expenses and awarded to him a compensation of Rs.10,000/- for pain and sufferings for the injuries in his head. Doctor had given evidence that during the time when he was having treatment he would have difficulty in his eye sight but no evidence was led that disability was permanent. I will provide another Rs.5000/- towards his temporary disability and loss of maintenance of life. There was evidence that he could not work for six months and I would provide to him Rs. 9000/- at the rate of 1500 per month for loss of income. The total compensation comes out to Rs.26,000/-. The amount in excess of Rs.10.000/- of what has been determined by the Tribunal, shall bear interest @6% from the date of petition till the date of payment. FAO No.3402 of 1999, FAO No.3404 of 1999, FAO No.3405 of 1999 & FAO No.3406 of 1999 -4-

4. As regards the claimant in FAO No. 3405 of 1999 which deals with the case of one Raj Kumar who had deposed that he remained admitted in the hospital for 25 days and has spent Rs.30,000/- for his treatment. He had a fracture on the right upper leg and lower leg and also injured on his face and neck. His three teeth were partially broken. He had also suffered disfigurement in the face and there were 15/20 stitches on his face. There was also evidence that he could not work during the period when he remained admitted in the hospital and subsequently for a year and POP was applied 2-3 times on his legs for 8 months. He complained of severe pain and sufferings and this his efficiency in the work is duly reduced.

5. He produced documentary evidence to the effect that he had undergone an operation of K-Nailing which has been done by Dr. Parveen Puri. The admission and discharge slips has been proved through Dr. P.C. Mittal, Professor, Head of Department in whose supervision he was treated by Dr. Kulwant who had certified him to suffer a permanent disability of 20 percent. The Tribunal awarded Rs.30,000/- as compensation without examining each of the heads of the claim. I would accept the contention of the claimant that he had suffered a loss of income and I would provide the same at the rate of Rs.1500 per month for 8 months and take the loss at Rs.12,000/-. He had produced medical bills (Exhibits A-1 to A-16) and I would provide Rs.2000 toward medical expenses and provide for another sum of Rs.5000 towards transportation on the basis of evidence regards his persistent visits to go to the hospital. For loss of three teeth, I would provide Rs. 5000/- for loss of each tooth and grant him Rs.15000/- and for fracture FAO No.3402 of 1999, FAO No.3404 of 1999, FAO No.3405 of 1999 & FAO No.3406 of 1999 -5- of leg, I will provide Rs.7500/-. An amount of Rs.15000 and Rs.7500 will be a compensation of pain and suffering for loss of teeth and cost of dentures and for the fracture suffered in the leg. There has been shortening of leg by two inches and doctor has assessed his disability to be permanent. The disability has been assessed at 20 percent, I will provide an amount of Rs.20,000/- towards disability for loss of amenities life. In all the total compensation will be Rs.61,500/- and the sum in excess of Rs.30,000 already granted will bear interest at the rate of 6% from the date of petition till the date of payment.

6. The claimant in FAO No. 3406 of 1999 deals with the case of one Madan Lal who gave evidence to the effect that he has suffered injuries in his left leg. He remained admitted in hospital for three days and he had spent Rs.10000 for his treatment. Dr. Kulwinder Singh gave evidence that stitches were done for closing a wound under local anesthesia and X-ray was also done. He had also suffered some impairment and he was complained of headache. The tribunal had awarded Rs.10000 to him. I think the compensation granted to him would not require any intervention. The awards in FAO Nos. 3402 to 3405 have been modified and the appeals are allowed to the above extent. The award in FAO No. 3406 of 1999 is confirmed and the appeal is dismissed. November 9, 2010 G.Arora (K.KANNAN) JUDGE