FAO No.3213 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3213 of 2011(O&M) Date of decision: 26.4.2011 National Insurance Co. Ltd. ......Appellant(s) Versus Smt.Indu Shekhawat W/o Jitender Shekhawat and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ashwani Talwar, Advocate for the appellant. Rakesh Kumar Garg, J.(Oral) CM No.10841-CII of 2011 For the reasons mentioned in the application, delay of 8 days in filing this appeal is condoned. CM stands disposed of. FAO No.3213 of 2011 This is insurer's appeal challenging the impugned award whereby claimant-respondent No.1 has been awarded compensation amounting to ` 2,12,460/- on account of injuries suffered by her in the Motor Vehicle Accident caused due to the use of the offending vehicle i.e. Car bearing registration No.HR16-E-7011 belonging to respondent No.2 which was driven by respondent No.3. The amount of compensation was determined by the Tribunal taking into account 30% permanent disability to respondent No.1. The case of the appellant before this Court is that in view of para No.5 of the Second Schedule to Section 163-A of the Motor Vehicles Act, in case of a permanent disability, the percentage of loss of earning FAO No.3213 of 2011(O&M) 2 capacity has to be calculated as per Schedule-I under the Workmen's Compensation Act, 1923 (now Employees' Compensation Act) whereas while determining the compensation, the Tribunal has ignored this legal position. Be that as it may, from the record, I find that no such argument was raised by the appellant before the Tribunal. It has been very fairly submitted before this Court that, in fact, no such argument was raised before the Tribunal as argued before this Court, and the same being legal submission has been urged. This Court is not impressed by the argument raised. Once the appellant has not raised this issue before the Tribunal, it is deemed to have been waived by the appellant. No other point is urged. No merit. Dismissed. April 26, 2011 (RAKESH KUMAR GARG) ps JUDGE FAO No.3213 of 2011(O&M) 3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. Date of decision: 26.4.2011 ......Appellant(s) Versus ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. , Advocate for the appellant. Rakesh Kumar Garg, J. (Oral) CM No.-C of 200 Application is allowed subject to all just exceptions. FAO No. L April 26, 2011 (RAKESH KUMAR GARG) ps JUDGE