FAO No.433 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.433 of 2011 (O&M) Date of Decision. 19.04.2011 Jawala Parshad s/o Prem Chand r/o Majri Mohalla Ward No.5, Shahabad Markanda, Tehsil Shahabad Markanda, District Kurukshetra ......Appellant Versus Harpal Singh son of Manjit Singh and others .....Respondents Present: Mr. Ravinder Malik Ravi, 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) 1. Delay is condoned. 2. The appeal is for enhancement of claim for injury suffered in motor accident where the Tribunal has awarded Rs.80,000/- as compensation payable. Dealing with the nature of injury, the Tribunal found that there had been a fracture of lower femur that required hospitalization from 20.10.2008 to 29.10.2008. The Tribunal had provided for medical expenses borne through bills and as regards the assessment of compensation for disability, the Tribunal relied on the evidence of Dr. Bimla Gauri, who said that the disability was qua the particular limb and it provided for Rs.20,000/- as compensation for permanent disability. Learned counsel states that the compensation must have been on the higher side. FAO No.433 of 2011 (O&M) -2- 3. In a case where the disability does not impact the earning skills, the assessment for disability is invariably for the loss of amenities of life for a person suffering the injuries. By the very nature of things, the assessment is subjective and some guess work has to be done. The assessment made does not suffer from any legal error for interference in appeal. 4. The Tribunal has dealt with all the heads of claim and arrived at a compensation totalling at Rs.80,000/-. The award passed by the Tribunal is, in my view, appropriate and just and there is no scope for interference. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE April 19, 2011 Pankaj*