FAO No.6003 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6003 of 2010 (O&M) Date of Decision. 12.05.2011 Suresh son of Sh. Jage Ram, Prop. Janta Hair Dressor, Opposite Nav Bharat/L.P.S. Shastri Nagar, Rohtak ......Appellant Versus Ram Niwas son of Sahaj Ram and another .....Respondents Present: Mr. Dinesh Arora, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) C.M. No.11955-CII of 2011 For the reasons stated in the application, order passed by this Court on 29.03.2011 is recalled and the appeal is restored to its original number. Application is allowed. FAO No.6003 of 2010 1. Delay in filing the appeal is condoned. 2. The appeal is for enhancement of claim sought on the ground that the amount has not been properly assessed for a disability, which the claimant had. The injuries had been a fracture of leg, which had been corrected through surgical intervention and plate had been inserted for reducing the fracture. The Tribunal while assessing the compensation, took the income at Rs.5000/- per month and taking the FAO No.6003 of 2010 (O&M) -2- 10% disability as resulting in 10% loss of earning capacity, assessed Rs.84,000/- towards loss of earning capacity and also provided for Rs.45,000/- towards medical expenses against the bills which had been produced, Rs.6,000/- towards transportation charges and Rs.10,000/- for special diet charges to determine an overall compensation of Rs.1,45,000/-. 3. Learned counsel would state that the loss of earning capacity must be determined at higher sum. I will not accommodate for such a plea, for, a person who has fracture in leg and which is corrected through a surgical intervention, is not expected to have any loss of earning capacity. His earning skills, I do not believe, could have been in any way impacted. The amount of Rs.84,000/- assessed by the Tribunal as loss of earning capacity, I would take that going towards the loss of earning for temporary period and offsetting the loss of amenities of life and inconvenience, which he had suffered by an implant in body. 4. The overall compensation assessed by the Tribunal at Rs.1,45,000/- is just and appropriate and I would find no reason for interfering with the same. 5. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 12, 2011 Pankaj*