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2012 Supreme(P&H) 1643

K.Kannan
Balwinder Pal Singh – Appellant
Versus
Harjinder Singh alias Jinda – Respondent


Advocates:
For the Appellant:Mr. G.S. Bhatia, Advocate.
For the Respondent No.3:Mr. V. Chaudhary, Advocate.

JUDGMENT

Mr. K. Kannan, J.:- The appeal is by the claimant seeking for enhancement of compensation for injury suffered by the claimant that resulted in amputation of leg above knee. The assessment of disability had been made at 80% and the Tribunal awarded a compensation of Rs. 2 lacs. The Tribunal assessed Rs. 1,40,000/- as non-pecuniary loss and Rs. 60,000/- as pecuniary loss. The pecuniary component was for medical expenses incurred and Rs. 1,40,000/- must be taken as going towards pain and suffering, loss of amenities and loss of earning capacity.

2. In this case the claimant was a Wireless Operator in the Police Department with the State of Punjab. His rank was equivalent to a Constable and at the time when the evidence was given, he continued in service. The Tribunal found that he had not come by actual loss of his earning since he was being continued in service and therefore, did not make any separate provision for loss of earning capacity. The compensation was only seen as necessary for the inconvenience that he had suffered with amputation of leg and therefore, an amount of Rs. 1,40,000/- was determined as payable for non-pecuniary loss.

3. The manner of assessment of comp

































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