Hoshiar Singh and Another vs Karambir Singh and Another

K. Kannan, J.—All these cases are connected arising out of the same accident. They are all for claims to additional compensation over the amounts already assessed by the Tribunal for burn injuries except FAO No. 2983 of 1999 which was a case of death of 6 years old child where the claimants were parents. The accident had taken place on 29.09.1996. The Tribunal had assessed a compensation of Rs. 50,000/-.

In case of death of a minor child, the compensation is not for any contribution made to the family but it shall always depend on the social and economic status of the family and the expectation of the parents of what the child on being adult would have contributed to the family. Considering the fact that the accident had taken place in the year 1996 and also noticing the trend of decisions that allow for love and affection for the parents as the special damages, I believe that appropriate compensation could be Rs. 3.5 lacs as held by the Supreme Court in Lata Wadhwa and Others Vs. State of Bihar and Others, . The additional compensation of Rs. 3 lacs shall also attract interest @7.5% from the date of petition till the date of payment.

The award is modified and the appeal in FAO No. 2983 of 1999 is allowed to the above extent.

The appeal in FAO No. 2984 of 1999 is for enhancement of claim for compensation for injury to a boy Parveen aged 14 years. He had suffered burnt injuries on account of the fact that there had been a tin of petrol in the bus in which all the children were travelling. When the petrol tin in the bus fell on the battery of the bus it caught fire. It was a gruesome accident the manner in which it had taken place. Dr. Prem, PW1 who had examined the injured Parveen was a member of the Board constituted for assessing the disability suffered by the injured children. His father Hoshiar Singh gave evidence as PW5 that he spent about Rs. 80,000/- on treatment of his son. He stated however that he did not have all bills to produce that too much expenses incurred. The boy had been admitted in MCH, Rohtak where he had taken treatment for one month. Dr. Sharma gave evidence to the effect that the boy had suffered blackening of face and it was of permanent nature. Ex. PA is the photo of Parveen and the Tribunal observed that there had been only a small blackening on his face and he could not merit compensation anything more than Rs. 10,000/-. I will reassess the compensation and increase the pain and suffering at Rs. 50,000/-, loss of amenities for life at Rs. 50,000/- and loss of prospect of marriage at Rs. 25,000/-. I would also provide for the heads of claim as attendant charges, special diet and transportation at an amount of Rs. 10,000/- and make a provision for about Rs. 5,000/- for medical expenses. The total compensation payable shall be Rs. 1,40,000/-. 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 stands modified and the appeal in FAO No. 2984 of 1999 is allowed to the above extent.

The appeal in FAO No. 2985 of 1999 is for enhancement of claim of compensation for burn injuries suffered in the face of claimant minor Gurmit aged 9 years.

It was brought out in evidence that the father of the child spent about Rs. 1 lac for the treatment. There was no proof for such expenses. The Board of Doctors who had examined her had certified her disability at 15% due to burn injuries. The photo of Gurmit which had been filed has been commented by the Tribunal judge as not showing blackening the body of Gurmit of a permanent nature and indeed the Court also observed that no apparent disfigurement of her face or on the other part of her body is visible in the photo. The Tribunal has awarded Rs. 5,000/- as compensation.

I will find the same heads as found in the case of Parveen and take medical expenses at Rs. 5,000/-, Rs. 10,000/- towards attendant charges, special diet, for pain and suffering at Rs. 50,000/- and partially modify the claim to loss of amenities at Rs. 25,000/- and take also increase of loss for prospect of marriage from Rs. 25,000/- to Rs. 50,000/-. I will therefore work out to the same amount as what has been provided in the case of Parveen i.e. Rs. 1,40,000/-. The amount in excess over what has already been provided by the Tribunal shall attract interest 7.5% from the date of petition till the date of payment.

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

The appeal in FAO No. 1334 of 2000 is for injury to 6 years old boy Devender whose disability was spoken to by his father Rajbir Singh PW2. He stated that he had spent about Rs. 30,000/- to Rs. 40,000/- and the Medical Board assessed the disability as 5%. The Tribunal observed that the blackening was visible on the forehead and on the right side of face and with no evidence that it was likely to be of permanent nature assessed a compensation of Rs. 10,000/- as payable. I will increase the compensation to Rs. 75,000/- by increasing component of pain and suffering, loss of prospect of marriage and other disabilities. The additional compensation shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the 6th respondent insurance company.

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