Punjab-Haryana High Court
Channa Ram Son Of Sh. Munshi Ram (Jat) ... vs Ravinder Son Of Sh. Bhiman And Others on 23 March, 2011
Author: K. Kannan
Bench: K. Kannan
FAO No.4169 of 2010 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.4169 of 2010 (O&M)
Date of Decision. 23.03.2011
Channa Ram son of Sh. Munshi Ram (jat) resident of village Kumharia,
P.O. Kagdana, Tehsil and District Sirsa, Haryana.
......Appellant
Versus
Ravinder son of Sh. Bhiman and others .....Respondents
Present: Mr. Yash Dev Kaushik, Advocate
for the appellants.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J.(ORAL)
C.M. NO.6511-CII of 2010 Application is allowed.
Order passed by this Court on 04.03.2011 is recalled and the appeal is restored to its original number.
FAO No.4169 of 2010
1. The appeal is for enhancement of claim for compensation for injury suffered in motor accident. The claimant was a Police Constable and the injury had resulted in fracture of the right thigh and an operation had been done by open reduction. The Tribunal had provided for Rs.80,000/- towards medical expenses for which bills had been presented. There was evidence that a future operation has to be done for removal of nail and an approximation of Rs.40,000/- was made for likely future medical expenses. The same has also been granted by the FAO No.4169 of 2010 (O&M) -2- Tribunal. As regards transportation, the Tribunal awarded Rs.25,000/-. It had also awarded Rs.5,000/- for attendant charges and Rs.5,000/- for special diet. The Tribunal provided for Rs.25,000/- for pain and suffering and for the disability, which was assessed at 20%, the Tribunal had provided for Rs.40,000/-. There had been no resultant loss of earning capacity but the counsel argues that on account of injury, he could not appear for promotion test and he lost his chances of promotion. I do not find any such material as having been placed on record before the Tribunal and I cannot, therefore, accept the plea that there had been any resultant loss of earning capacity on account of injury. Every head of claim, which is required to be addressed has been properly done by the Tribunal and an overall compensation of Rs.2,20,00/- which is assessed, in my view, is appropriate and just. There is no scope for enhancement.
2. The award is confirmed and the appeal is dismissed.
(K. KANNAN) JUDGE March 23, 2011 Pankaj*