IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2011 of 1998 (O&M) Date of decision:18.01.2011 Devinder Singh Walia ....Appellant versus Jagtar Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the appellant. None for respondents 1 and 2. Mr. Sanjiv Pabbi, Advocate, for the Insurance Company- respondent No.3. ---- 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 ? Yes. ---- K.Kannan, J.(Oral) 1. The case is of the year 1998 and there is no representation except the counsel for the Insurance Company-respondent. I do not want to dismiss the case for default nor do I think it necessary to adjourn the case. I, therefore, proceed to examine the records with the assistance of the counsel for the Insurance Company and dispose of the case on merits. 2. The appeal is for enhancement of compensation awarded to a claimant, who had a fracture of the tibia left side with fracture of lateral end of clavicle left side and a skin deep wound on the right thigh. Dr. Kuldip Singh (AW3) gave evidence to the effect that he had remained FAO No.2011 of 1998 (O&M) - 2 - admitted in the hospital from 29.09.1994 to 15.10.1994. Dr.J.P.S.Walia (AW2) gave evidence to the effect that he had admitted him in the Rajindra Hospital, Patiala and he had attended to him and later discharged from the hospital in a satisfactory condition on 15.10.1994, but he had attended the orthopaedic OPD on 07.02.1996, 14.02.1996 and 18.11.1996. The disability was assessed by the doctor at 20% and stated to be associated with a mal-united fracture left tibia with shortening left lower limb with mild stiffness of left knee joint. 3. While determining compensation, the Tribunal had awarded Rs.25,000/- for pain and suffering, Rs.40,000/- for permanent disability with future effect, Rs.15,000/- towards medical expenses and Rs.20,000/- for conveyance and attendant charges. The overall compensation of Rs.1 lakh was more than adequate and just and I find no reason to interfere with the same. The appeal is, therefore, dismissed. (K.KANNAN) JUDGE 18.01.2011 sanjeev