High Court of Punjab and HaryanaFAO/4738/2008disposed of

Pawan Kumar v. Sita Ram And ORS.

2025-10-30Mr. Justice Pankaj Jain2 pages

(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-4738-2008 (O&M) Date of decision : 30.10.2025 Pawan Kumar ...... Appellant

Versus

Sita Ram & ors.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. R.A.Sheoran, Advocate for the appellant.

Mr. Paul S.Saini, Advocate for respondent No.3. *** PANKAJ JAIN, J. (ORAL) The injured claimant, aged 24 years, has filed the present appeal seeking enhancement of compensation. It has come on record that the claimant was working as a carpenter. He suffered permanent disability to the extent of 15% on account of restricted movement of shoulder. He has further suffered 15% hearing disability.

No evidence has been brought on record to show the income of the claimant is being assessed as a skilled labourer, relying upon minimum wages notified by State of Haryana for the relevant period, which is taken as Rs.2,200/- per month.

Keeping in view the manual nature of the work undertaken by the claimant and the fact that he has suffered permanent disability to the extent of 15% on account of restricted movement of shoulder, his functional disability is taken as 50%. 40% of future prospects need to be added. POOJA SHARMA 2025.11.13 09:45 I attest to the accuracy and integrity of this document

(O&M) Multiplier of 18 needs to be applied keeping in view the age of the injured at the time of accident. There is no dispute regarding medical charges and hospital charges of Rs.9,153/- and Rs.10,260/- respectively awarded by the Tribunal. Under the non-pecuniary charges, the claimant is entitled for the following amounts :- Pain and suffering Rs.1,00,000/- Attendant charges Rs.20,000/- Loss of income during treatment and future treatment Rs.20,000/- Loss of enjoyment of life and amenities Rs.1,00,000/- Needless to say, the appellants shall be entitled to interest @7% per annum on the enhanced amount from date of filing of the claim petition till the date of actual realization. Any amount already paid to the claimants shall be set off.

Appeal stands disposed off.

Pending miscellaneous application, if any, also stands disposed off.

( PANKAJ JAIN ) 30.10.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POOJA SHARMA 2025.11.13 09:45 I attest to the accuracy and integrity of this document