IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6489 of 2010 (O&M) Date of decision:29.03.2011 Rajesh Kumar ....Appellant versus Balbir Singh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Jitender Dhanda, Advocate, for the appellant. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. Delay of 459 days in filing the appeal is condoned. 2. The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident. The claimant had a fracture of his lower limb and he had been hospitalized for a brief while and the disability assessed was 13%. However, no evidence was brought through the doctor, who had issued a disability certificate, but still the Tribunal had provided for Rs.26,000/- for loss of amenities arising on account of permanent disability. There was no evidence as to how this disability could have impacted his earning skills. The Tribunal provided for Rs.46,000/- for medical expenses which was fully covered by bills FAO No.6489 of 2010 (O&M) - 2 - and Rs.35,000/- for pain and suffering and also provided for attendant charges and nutritious diet and for transportation expenses at Rs.4,500/-, 3,600/- and 2,500/- respectively. For the period during which he was under treatment, the doctor assessed the loss of his income at Rs.9,000/-. 3. The only argument submitted on behalf of the appellant is that no future loss of income was assessed. I find no occasion for such a consideration unless specific evidence was brought before the Tribunal that the injury had in some way impaired his earning skills and that he was likely to suffer a loss of earning capacity in future. There is no such evidence and as I have pointed out already that the doctor, who had given him a disability certificate, had not been examined. 4. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 29.03.2011 sanjeev