Allowed

Prem Chand v. Sh. Kishan Lal & Ors.

Punjab & Haryana HC28 Mar 2014FAO/1606/1994

Case brief

AI extract

What is this about?

Appeal filed by an appellant to enhance compensation for injuries (fracture of both leg bones) resulting from an accident. The High Court enhanced the award from Rs. 30,000 to Rs. 51,000 considering permanent disability and awarded interest on the excess.

What did the court decide?

Compensation enhanced to Rs. 51,000. Interest at 7.5% awarded on the excess amount. Award made against respondent Nos. 1 and 2.

Prem Chand Vs Sh. Kishan Lal & Ors. — Medical Negligence | Punjab & Haryana HC (2014)

¶1

FAO No.1606 of 1994

¶2

-1-

¶3

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

FAO No.1606 of 1994 Date of Decision. 28.03.2014

Prem Chand

......Appellant

Versus

Shri Kishan Lal and others

¶9

......Respondents

¶10

Present: Mr. Ashit Malik, Advocate for the appellant.

¶11

Mr. Arun Abrol, Advocate for respondent No.1.

¶12

Mr. Anand Singh, Advocate for respondent No.2.

¶13

Mr. Ravinder Arora, Advocate for respondent No.3.

¶14

CORAM:HON'BLE MR. JUSTICE K. KANNAN

¶15

Whether Reporters of local papers may be allowed to see the judgment ?

¶16

To be referred to the Reporters or not ?

¶17

Whether the judgment should be reported in the Digest?

¶18

-.-

¶19

K. KANNAN J.(ORAL)

¶20

The appeal is for enhancement of compensation for injuries suffered in an accident resulting fracture of both bones of his leg. He had been hospitalized for a period of 7 days and carried his treatment for 12 weeks in plaster cast. The Tribunal assessed compensation of 30,000/- that included a component of 8,000/- towards medicines. I will split the various heads of claim and tabulate the same as under:-

¶21

INJURY CASES
Age
Period of Hospitalization 7 days
Occupation
Heads of claim	Tribunal High Court

¶22

Kamboj Pank aj Kumar 2014.04.01 15:43 I attest to the accuracy and integrity of this document Chandigarh

¶23

FAO No.1606 of 1994

¶24

-2-

¶25

		INJURY CASES
Sl. No.			Amount (Rs)	Amount (Rs.)
1		Loss of income		5000
2		Medical expenses
	(i)	Medicines	8000	8000
	(ii)	Hospital Charges
	(iii)	Attendant Charges		1000
	(iv)	Special Diet		1000
	(v)	Transport		1000
3		Pain & Suffering		15000
4		Disability
5		Loss of earning capacity
		income
		Multiplier
		% of loss of earning capacity
6.		Loss of amenities		20,000
7		Reduction in life expectancy
8		Loss of prospect of marriage
		Total	30,000	51,000

¶26

I have minded the fact that there had two fractures and also

¶27

had a disability which was permanent. The total compensation payable will be ` 51,000/-. 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 award shall be against respondent Nos.1 and 2. The insurer shall be absolved for the same reasons as found by the Tribunal.

¶28

The award is modified and the appeal is allowed to the above extent.

¶29

(K. KANNAN) JUDGE

¶30

March 28, 2014 Pankaj*

¶31

Kamboj Pankaj Kumar 2014.04.01 15:43 I attest to the accuracy and integrity of this document Chandigarh

Prem Chand v. Sh. Kishan Lal & Ors.

Case brief

What is this about?

What did the court decide?

Prem Chand v. Sh. Kishan Lal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

(O&M) Balwant Singh etc. Vs Mohinder Kaur etc.

(O&M) Chamkaur Singh Vs Vedu and Another

(O&M) the New India Assurance Co. Ltd. Vs Surinder Kumari and Others

Sikander Singh Vs Sadiq Mohammed etc.

Kameshwar Singh Vs Devinder Parkash

Jai Kumar Vs Sh. Jagdish & Ors.