LAWS(P&H)-2011-2-16

DHIAN CHAND SINGLA Vs. JOGA SINGH

Decided On February 08, 2011
DHIAN CHAND SINGLA Appellant
V/S
JOGA SINGH Respondents

JUDGEMENT

(1.) Both the appeals arise out the same accident and they are for enhancement of claim for compensation for injuries sustained in the accident. The appeal in FAO No. 190 of 1995 is for enhancement of compensation for injuries suffered by a person, who was a Senior Executive Engineer with the Punjab Electricity Board, aged 48 years, and drawing a salary of Rs. 9,575/-. The Appellant in the connected appeal in FAO No. 194 of 1995 is for enhancement of claim for compensation by a girl, who was 15 years of age, who incidentally was the daughter of the claimant in FAO No. 190 of 1995. While assessing the compensation, the Tribunal awarded Rs. 2,50,000/- on a lumpsum basis without adverting to the several heads of claim and for the daughter, the Tribunal had awarded Rs. 75,000/-.

(2.) The injuries suffered by the father in the accident were grievous and literally had resulted in fractures of every limb from crown to toe. The injuries as noted are reproduced as under:

(3.) It would seem that he had fallen flat on the ground and the weight of the vehicle must have fallen over him. The extensive fractures and the loss of teeth had very serious impact on his health. At the initial stage of his treatment, he was critical having suffered some effusion in his lungs with serious infection through the crush injuries suffered in his chest. He had lost vision in one eye completely and he had suffered a shortening of the limb of about 2 1/2 inches. The Neurosurgeon, Orthopaedition and Eyesurgeon, besides the doctor, who had initiaily admitted him, were all examined in this case to speak about the nature of injuries and the extent of disability suffered by the claimant. The Tribunal has recorded as under: