FAO No.1854 of 2003 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.1854 of 2003 (O&M) Date of Decision:14.07.2010 New India Assurance Company Limited ...Appellant Versus Bhim Singh and others .....Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Ashwani Talwar, Advocate for the appellant. None for the respondents. ..... K. Kannan, J. (Oral) The contention of the learned counsel for the appellant is that the award of compensation exceeds the scale of compensation payable to workman under the Schedule II of the Motor Vehicle Act for injury to a workman resulting in amputation below knee with stump exceeding 8.89 cms but not exceeding 12.70 cms. As per the Schedule II of the Motor Vehicle Act injury resulting in permanent disability, scale of compensation shall be the same as it is provided under the Workman Compensation Act. As per the claim petition the age of the claimant was about 35 years and as per Schedule I to the Workman Compensation Act, which was to be applied, the amputation below knee would constitute 50% loss in earning capacity. The income assessed by the Tribunal was Rs.2000/- and as per the formula under the WC Act, the compensation payable shall be 60% of 2000X50% multiplied by the relevant factor is 189.56. In simple arithmetic, it is 60/100X2000X50/100X189,56= 1,13,400/-. The medical expenses that under the Act applying Schedule II is Rs.15,000/- could be FAO No.1854 of 2003 2 allowed. The total amount will be Rs.1,28,400/-. The Tribunal awarded Rs.2,00,755/-. There is no discretion left with the Tribunal to award for actual medical expenses under in Schedule II of the Motor Vehicle Act in recess of Rs.15,000/- The amount awarded by the Tribunal is modified as Rs.1,22,400/- with interest as provided. The appeal is partly allowed in the above terms. (K.KANNAN) JUDGE 14th July, 2010 sharmila