FAO No.7019 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.7019 of 2010 (O&M) Date of Decision. 23.03.2011 Sh. Jagjit Singh aged 52 years s/o Sh. Sohan Singh r/o H.No.1453/12, Sector 29B, Chandigarh ......Appellant Versus Sh. Tehal Singh C/o M/s Tehal Singh/s Chicken Corner and others .....Respondents Present: Mr. Ashwani Arora, Advocate for the appellant. 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) 1. Delay in filing the appeal is condoned. 2. The appeal is for enhancement of claim for injuries sustained by a driver. The injury was assessed to have caused 6% disability of the lower limb. The Tribunal found that the issue of negligence was irrelevant since it was addressing the claim for compensation under Section 163-A of the Motor Vehicles Act. The Tribunal in terms of the disability assessed and on the basis of bills produced, awarded Rs.36,500/- that included Rs.5500/- towards hospitalization, special diet and attendant charges, Rs.10,000/- towards hospital charges, Rs.12,000/- towards the disability and Rs.9000/- for loss of earning during the period of hospitalization. 3. I do not find that there is any scope for enhancement in a case under Section 163-A of the Motor Vehicles Act where the Tribunal has FAO No.7019 of 2010 (O&M) -2- applied the parameters set down through Schedule II and has awarded compensation, which is in tune with the provisions. 4. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE March 23, 2011 Pankaj*