IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.3625 of 2010 (O&M) Date of Decision 29.06.2010 The New India Assurance Company Limited ...... Appellant(s) VERSUS Sumer Singh and others ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Vandana Malhotra, Advocate, for the appellant. ***** A.N.JINDAL, J(ORAL): This is an appeal against the award dated 05.11.2009, passed by Motor Accident Claims Tribunal, Rewari (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.5,98,000/-, alongwith interest @ 6% per annum in favour of the claimant-respondents No.1 (herein referred as 'the claimant') and against the appellant and respondent Nos.2 and 3- Driver & owner respectively, on account of the injuries suffered by him in a motor vehicular accident. Learned counsel for the appellant has challenged the quantum of compensation only on the ground that though the claimant has stated that he was suffering from 100% disability yet in the absence of any certificate from the Board of Doctors, compensation to the tune of Rs.5,98,000/- could not be awarded. Having perused the impugned judgment, it transpires that Dr.J.K.Saini, Medical Officer, who had treated the claimant, had appeared before the Tribunal and after examining all his documents, he had supported the fact that the claimant was suffering from 100% disability. The relevant F.A.O.No.3625 of 2010 (O&M) -2- para of the impugned judgment regarding proving the 100% disability of the appellant by Dr.J.K.Saini, reads as under:- “The petitioner has also examined Dr.J.K.Saini, Medical Officer, General Hospital, Rewari as PW1. He has examined the petitioner in the Court and also consulted the treatment, record including x-ray reports and x-ray films. After examining the petitioner, he opined that the patient (petitioner) had chronic osteomyelitis and there is rare chance of recovery and that foul smell has been coming out of both the legs due to infection. He further clarified that for treatment purpose, without amputation, there is no chance of recovery and that the amputation of both the legs would be above the knee, which would result in 100% permanent disability.” No further opinion was required with regard to percentage of disability of the appellant. As such, it would be expedient that the compensation awarded to him may be given forthwith for his treatment. No grounds to interfere. Dismissed. (A.N.Jindal) Judge 29.06.2010 mamta-II