HARI SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) BOTH the appeals are for enhancement of the compensation in respect of two claims by two individuals. The accident was on 17.09.1993. The claimant in FAO No. 773 of 1998 suffered serious injuries viz.; 54% permanent disability, while right arm had reportedly become totally non -functional, had frail right elbow and suffered a restriction of right shoulder. According to him, his disability had increased to 75% with respect to right upper limb.

(2.) THE assessment for medical expenses was at Rs. 40,000/ - against medical bills filed for Rs. 37,000/ -. I find it appropriate. He was awarded Rs. 20,000/ - towards loss of income. His monthly income was Rs. 1950/ - and he was said to have availed leave for six months. Even if he had been on loss of pay for the whole period, the amount awarded was appropriate. No amount has been awarded for attendant charges, special diet and transportation. I shall provide for Rs. 20,000/ -. I shall increase the loss of amenity qua limb at another Rs. 5000/ -. Overall, there shall be an increase by Rs. 25,000/ - with interest @7.5% from the date of petition till the date of payment. The liability shall be as determined already by the Tribunal.

(3.) IN FAO No. 774 of 1998, the claimant was a resident at Nigeria and had suffered amputation of right arm, forearm above the elbow 5 cm below the shoulder joint. He claimed that he was earning $ 1000 per month and his services were terminated after the accident. At the time of evidence, he had come from Nigeria and gave evidence to the effect that his employer gave him assignment at India for three months only. He claimed that he had undertaken air travel more than three times and filed air fare for his trips to India. He also contended that he had to spend Rs. 500/ - per day for hotel charges during the stay in India for treatment.