FAO No. 1493 of 2009 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 1493 of 2009 (O&M) Date of decision : 13.7.2010 Jaspal Singh ... Appellant vs Gurdev Lal and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashwani Arora, Advocate, for the appellant. Mr. Nitin Grover, Advocate, for the insurance company. Rajesh Bindal J. This is an appeal filed by the claimant seeking enhancement of compensation on account of injuries suffered by him in a road accident. The accident took place on 30.4.2007. The Motor Accident Claims Tribunal, Patiala (hereinafter to be referred as “the Tribunal”) assessed the compensation at Rs. 50,000/- on account of medical expenses, pain and suffering, special diet, etc. Along with the appeal, the claimant has filed application seeking permission to lead additional evidence in the form of medical report from the Government Medical College and Hospital, Sector-32, Chandigarh to show that the claimant was operated upon three time on account of complication in the injuries suffered at the time of accident and had to spent huge amount on the treatment. He remained hospitalised for eight days. Another application has been filed seeking permission to prove the disability certificate issued by the Government Medical College and Hospital, Sector-32, Chandigarh, stating that the appellant suffered 10% disability with respect of right lower limb. The insurance company did not challenge the award. Learned counsel for the appellant submitted that the claim petition was decided by Tribunal on 30.10.2008 and the appellant having again undergone operation thereafter is entitled to get the amount spent by him on treatment. It is this development after the decision of the claim petition on account of which he had to file application for leading additional evidence to prove the medical report, the bills of medicines purchased by him and the disability certificate issued by the hospital. The same is required to be considered for the assessment of compensation payable to the appellant. FAO No. 1493 of 2009 -2- On the other hand, learned counsel for the insurance company, submitted that on account of injuries suffered by the appellant, the compensation had already been paid to him. The accident in question took place on 30.4.2007. The operation conducted on 18.11.2008 cannot be said to be related with the injuries suffered more than a year back. The disability certificate is required to be proved by leading cogent evidence and further the disability certificate produced by the appellant before this court cannot be accepted as such as the doctor who had issued the same is required to be examined. After hearing learned counsel for the parties, in my opinion, the impugned award passed by the Tribunal deserves to be set aside and the matter is required to be considered afresh after permitting the claimant to lead evidence to show that on account of injuries suffered by him he has been operated again on 18.11.2008. Further the certificate issued by the hospital assessing his disability, other hospital record and the bills are required to be proved on record to show that the subsequent surgery is also related with the accident. It is only after this is proved on record that the same can be considered by the Tribunal for the purpose of assessment of compensation payable to the appellant/claimant. The parties through their counsels are directed to appear before the Tribunal on 7.8.2010 for further proceedings. The amount already paid to the appellant/claimant shall be adjusted with the amount, in case it is found by the Tribunal that the amount of compensation payable to the appellant is more than earlier assessed. The appeal stands disposed of in the above terms. 13.7.2010 ( Rajesh Bindal) vs. Judge