High CourtsSingle Bench(2018) 05 J&K CK 0036

GENERAL MANAGER PUNJAB STATE BUS STAND MANAGEMENT COMPANY LTD vs CHAMAN LAL AND ANR

Jammu And Kashmir High Court · Decided on 24 May 2018

HON’BLE JUDGES
SANJAY KUMAR GUPTA
RESULT
Dismissed
CASE NUMBER
MA NO. 248 OF 2016

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Judgment

42 paragraphs · 481 words

S.

No.","Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â

Head",Amount awarded by the Tribunal

Â

(1)",Loss of future income,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs. 11,69,658/-

Â

(2)",Fare of Vehicle,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.     20,000/-

Â

(3)",Expenditure of attendantsÂ,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.     60,000/-

Â

(4)",Pain and sufferings,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.     58,000/-

Â

(5)",Loss of amenities and pleasureÂ,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.  1,60,000/-

Â

(6)",Expenses on Medicines,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.  3,90,000/-

Â

(7)",Future expenditure on treatment,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.  1,00,000/-

Â

(8)",Special Diet,"Â Â Â Â Â Â Â Â Â Â Â Â Â

Rs.     10,000/-

                 Â Total,,"          ÂR s.

19,67,658/-

“21. We therefore hold that the multiplier to be used should be as mentioned in column (4) of the Table above (prepared by applying Susamma,,

Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by",,

one unit for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for",,

46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-",,

5 for 66 to 70 years.â€​Â,,

11.

In this way, there is no incorrectness in the award.",,

12.

Another ground taken that Tribunal has granted Rs.1,00, 000/- on account of future treatment, which is quite exaggerated, is also not tenable.Â",,

Because PW Dr. V.K .Verma, who was one of the medical board members and issued disability certificate EXTP-VKS, in his statement before",,

tribunal,,

has stated that petitioner may have to undergo another surgery which can be  above knee amputation. He has also stated that special diet would,,

be required during bed confinement.,,

13.

In view of what has been discussed above, this appeal is devoid of any merit. It is dismissed. The record of Court below be sent back. The award,",,

if has been deposited, shall be released as per Award in favour of claimant.",,