FAO No. 3628 of 1999 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 3628 of 1999 Date of decision March 1, 2011 Som Nath ....... Appellant Versus State of Punjab and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Sanjiv Patial , Advocate for the appellant. Ms. Rita Kohli , Advocate for the respondents. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The claim is for enhancement of compensation for injury suffered by a motor cyclist. He was a fish vendor. He was 35 years of age and the injury suffered by him was fracture of shaft of femur and he complained that he could not resume work for nearly 9 months. The Tribunal has assessed `8,000/- for loss of income and assessed compensation under various heads. The Tribunal took 20% disability which the doctor had certified was taken as resulting in 20% loss of earning also and the Tribunal assessed compensation at 72,000/- on that basis. 2. Learned counsel states that his grievance is only for that the assessment of ncome was made only at `2,000/- per month and would plead that income must have been taken at least at `5,000/- per month. When no particular documentary evidence is available, if an FAO No. 3628 of 1999 2 assessment is made by the Tribunal, I find no reason to alter it unless the assessment is shown unrealistically low to require any intervention in appeal. I will retain the same but will accommodate his plea that he must have been provided for loss of income for 9 months. If all other heads of claims as assessed by the Tribunal were to be retained and reappraisal were to be done for loss of earning which the Tribunal has assessed at `72,000/-. I will still feel that assessment of `72,000/- as loss of earning power is evidently large and more than what the case called for. A fracture does not result in loss of earning power unless the impairment is so serious that it can impact his earning skills. A fracture of a leg for a fish vendor even if it had to subsist cannot result in 20% loss of earning power. The assessment made at `72,000/- is sufficiently large enough to make for any shortfall in assessment under other heads. I do not find any justification for enhancing the award. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE March 1, 2011 archana