GURVINDER KAUR Vs. GENERAL MANAGER

JUDGEMENT

(1.) The appeal is for enhancement of compensation for injury suffered in motor accident. The claimant had a fracture of the upper end of the left tibia and underwent a long spell treatment for 36 days in two hospitals and continued on leave for a period of 7 months. She had produced bills to the extent of Rs. 9713/- and she claimed that she had to have the assistance at home for her inability to take care herself for nearly 7 months. She was a person living in Gurdaspur but she had been taking treatment at Amritsar and her husband had to take leave for about 30 days and be with her and also incur expenditure for transportation for periodical visits to hospital. The Tribunal provided for compensation for the bills produced but did not make any provision for future expenses. The Tribunal assessed the income as Rs. 3000/- but did not provide anything for loss of income although the evidence was that she had applied for leave for two months and she was on pay loss upto 50% for the remaining period of her leave. The Tribunal had provided Rs. 7,000/-. The doctor who had treated her had assessed the disability at 50% for the limb. I have provided for loss of income at Rs. 15,000/- taking the income to be Rs. 3,000/- and the loss could be not merely with reference to the loss of salary shown but for the loss of leave encashment which would have occasioned to her by exhausting her earned leave. I have provided for attendant charges and special diet at Rs. 7500/- each for seven months and made a further provision for transportation at Rs. 5,000/-. For a fracture of the upper end of the tibia which would have affected her mobility in a big way and for loss of two teeth, I have made a provision for pain and suffering at Rs. 25,000/- and assessed the loss of amenities for two teeth at Rs. 7500/- per tooth and assessed the disability suffered by her for loss of amenities at Rs. 40,000/-. The total compensation payable would be Rs. 1,15,000/-. I would rework the compensation and tabulate the same as under:--

(2.) The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be in the same manner as provided by the Tribunal. The award passed by the Tribunal stands modified and the appeal is allowed to the above extent.