^ HIGHCOURT OF CHHATTISGARH:BILASPUR SingleBench: Hon'bleShri Dilip Raosaheb Deshmukh, J. Appellant Claimant ResBOndents Plajntiffs M.A.C. No.1026of2007 Jayant Singh Yadav, S/o Sgru P.R. Yadav, aged about 28 years, R/o Nayapara, Jagdalpur, Distt. Bastar(CG) Versus 1. Amrit Das, S/o Shrinath Das, 22 years, R/o D.N.K. Colony Kondagaon, Distt. Bastar (CG) 2. Ashok Kumar Pandey, S/o Shyam Lal Pandey, 56 years, R/o Tikrapara, Kanker, Distt. Kanker(CG) 3. The priental Insurance Company Ltd. through Manager Branch Jagdalpur, Distt. Bastar(CG) < 4. S.K. Upadhyay, S/o R.N. Upadhyay, R/o A.I.2B-19/102, Bhilai, Distt. Durg (CG) Miscellaneous appeal under Section 173 of the Motor VehiclesAct. Present: Shri Prafull N. Bharat.eounsel for the appellant. ORALORDER (Passedon25.11.2008) Heard on admission. (2) The appellant is aggrieved by the award dated 13.7.2007 passed by Motor Accidents Tribunal, Bastar at Jagdalpur (heneeforth the 'Tribunal') in claims case No.259/2005. (3) The claimant had, due to the accident on 17.1.2005 suffered fracture in the right Tibia bone and was'hospitalized from 17.01.2005 to 27.01.2005. The disability certificate Ex.P.6 dated 30.07.2005 revealed that the claimant had suffered moderate ankylosis of right knee joint with moderate restriction of movement of right leg. The Tribunal has ^warded compensation of Rs. 1,20,9667- as under:- A. Towards permanentdisability, pain & suffering B. Towardsactual expenses Incurred in treatment Rs.50,000/- Rs.58,966/- -~^<I \ C. Towards special diet for a period of 6 months D. Towards other loss of income Total Rs. 6.000/- Rs. 6,000/- Rs.1,20,966/- (4) Thesole ground urged bythelearned counsel for the appellant isthatthe Tribunal has not awarded compensation under the conventional head of loss of eaming capacity.. (5) Having considered the arguments advanced, 1 have perused the record. The Tribunal has awarded a sum of Rs.6,000/- towards special diet for 6 months eventhough the claimant was hospitalized only for a period of about 11 days. It has also awarded Rs.6000/- towards loss of inCome although a perusal of paragraph 13 of the award shows that no evidencewas led by the claimant to enable the Tribunal to assess loss of income due to the permanent disability caused to the claimant. Considering the facts and circumstances of the case,1 am ofthe considered opinion that thecompensation awardsd by the Tribunal for loss of earning capacity does not call for enhancement. (6) The appeal being devoid of any merit is dismissed at the stage of admission. J DaipRaosaheb Deshmukh Judge