Sandeep Kumar v. Krishan Lal And ORS

FAO No.5372 of 2014 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5372 of 2014 Date of Decision.11.01.2018 Sandeep Kumar .......Appellant Vs Krishan Lal and others ........Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Bhupender Singh, Advocate for the appellant.

None for the respondents.

-.- AMIT RAWAL J.(ORAL) C.M. No.14990-CII of 2014 For the reasons stated in the application, delay of 46 days in filing the appeal is condoned.

Application is allowed.

FAO No.5372 of 2014 The present appeal has been preferred by the appellant for enhancement of compensation for injuries suffered by him in a motor accident occurred on 30.10.2011. He was working as Security Guard with Soma Construction Company Ltd. and stated to earning `7000/- per month. He received multiple injuries on his person, resulting into disability to the extent of 20%.

The Tribunal while assessing the compensation of `71,470/-, provided `51,470/- on account of reimbursement of medical bills and `20,000/- on account of disability.

Learned counsel appearing for the appellant submits that the Tribunal has grossly erred in assessing `20,000/- on account of disability. PANKAJ KUMAR 2018.01.16 11:41 I attest to the accuracy and integrity of this document

FAO No.5372 of 2014 -2The loss of future earning ought to have been assessed by applying the multiplier suitable to the age of the injured. It did not provide anything towards pain and suffering, special diet and attendant charges, thus, there is scope for enhancement.

There is no representation for the respondents. I have heard learned counsel for the appellant and appraised the paper book. Mere disability does not give a ground to assess compensation under the head of loss of earning capacity. There has to be cogent evidence as to how the disability affected the earning capacity of the injured. In the absence of any documentary proof as to how the disability of 20% affected the functioning ability of the claimant, there is no scope for even assessing the compensation for loss of future earning by applying a straightjacket formula. The Tribunal has already provided Rs.20,000/- for permanent disability, which, in my view, will take care of special diet, transportation and attendant charges.

In view of the above, I do not find any scope for enhancement. The award passed by the Tribunal is upheld and the appeal stands dismissed.

(AMIT RAWAL) JUDGE January 11, 2018 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2018.01.16 11:41 I attest to the accuracy and integrity of this document