LAJWANTI Vs. SURINDER SINGH ALIAS BITOO

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident on 3.1.1996. He had fractures of both the bones of right leg and the fracture of the ankle. The disability was assessed at 35% which ought to be taken as disability qua limb and not for the whole body. He was working in a military hospital drawing a salary of Rs. 4157/ - per month. The Tribunal assessed a compensation of Rs. 1,03,256/ - under the various heads. She remained in the military hospital from 03.01.1996 to 08.01.1996 and later she was shifted to the Command Hospital from 08.01.1996 to 18.03.1996. The evidence brought on record showed that although she was in the hospital for a period of three months, she remained on leave for 8 months. The Tribunal has provided for loss of income for all the 8 months when she was on leave. Although she was not on loss of pay, the Tribunal reasoned that she would not have been compelled to take the earned leave for the entire period if she had not been injured and she had lost the scope of encashing the earned leave later. I will not make a modification as regards the same. I will rework the compensation for the injuries under the various heads and tabulate the same as under: -

(2.) IT is likely that her medical expenses had been taken care of and no medical bills had been filed in Court. I will, therefore, quantify the damages only for attendant charges, special diet and transportation. The Tribunal has provided for Rs. 10,000/ - which I will take as covering all the three heads. For three fractures and for prolonged hospitalization, I will quantify the component of pain and suffering at Rs. 40,000/ - and providing for loss of amenities for the disability suffered by her that was assessed at 35% to Rs. 35,000/ -. In the reassessment made, I have actually brought down the quantum of assessment made for pain and suffering by Rs. 20,000/ - and I have provided for an additional head of loss of amenities at Rs. 35,000/ -. This would mean that there is an assessment of additional amount of Rs. 15,000/ -. This alone shall be the additional compensation which the claimant will be entitled to. The additional amount shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurance company.