FAO No.1132 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1132 of 2006 Date of Decision. 23.09.2010 National Insurance Company Ltd. Camp Office, Dada Motor Limited, Savitri Complex, G.T. Road, Ludhiana through its Regional Office, SCO No.332-334, Sector 34-A, Chandigarh through Admn. Officer ......Appellant Versus Chitwant Singh son of Raghbir Singh son of Puran Singh resident of Sanhewal, Tehsil and District Ludhiana and others ......Respondents Present: Mr. L.M. Suri, Advocate with Mr. Neeraj Khanna, Advocate for the appellant. None for the respondents. 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) 1. The insurance company is on appeal challenging the award passed by the Tribunal for injury suffered in the accident and in the application filed under Section 163-A of the Motor Vehicles Ac, the objection on the side of the insurance company was that Section 163-A of the Motor Vehicles Act caps liability under various heads and the amounts granted by the Tribunal cannot be in excess of the same. The maximum that could be granted for medical expenses under Schedule II is Rs.15,000/-, for pain and suffering, where grievous injuries are also present, Rs.5,000/-. Under Schedule II, it FAO No.1132 of 2006 -2- should have been still possible to make provision for loss of earning capacity and grant compensation for the same. There has been no reference as any loss having been occasioned to his capacity to earn. The Tribunal itself has not provided for the same. The compensation has been arrived at by providing for Rs.34,559/- for medical expenses, pain and suffering and attendance charges. It shall not be permissible to expand the heads of claim than what are provided for under Schedule II itself. 2. At the time of admission of the appeal and while ordering notice, a Bench of this Court has permitted the claimant to withdraw upto Rs.23,000/- and has rejected the claim for the rest. I maintain the same and allow the appeal modifying the award of the Tribunal to an amount of Rs.23,000/-. (K. KANNAN) JUDGE September 23, 2010 Pankaj*