1 S.B.CIVIL MISC. APPEAL NO.1525/2000. Kailash Narayan. VS Sh.Laxmikant Pareek & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1525/2000. Kailash Narayan. VERSUS Shri Laxmikant Pareek and Another. 11.11.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.K.N.Tiwari, for the appellant. Mr.R.S.Bhati, for the respondent No.2. ***** Heard learned counsel for the parties and perused the award dated 15.07.2000 passed by the learned Tribunal. This appeal has been preferred by the injured- claimant for enhancement of the compensation awarded by the learned Tribunal. The appellant sustained injuries in a road accident which occurred on 21.04.1993 involving a car bearing registration No.RRM-4377 owned by the respondent No.1which was insured by the insurance company. In the aforesaid accident, the appellant received injury on his left foot which was a compound fracture of tibia and fibula. The appellant claimed an amount of Rs.4,90,000/- by way of compensation under various heads. The learned Tribunal has awarded in all a sum of Rs.1,50,150/- by way of compensation to the appellant with interest @ 12% p.a. from the date of filing of the claim petition i.e. 13.05.1993 upto the date 2 S.B.CIVIL MISC. APPEAL NO.1525/2000. Kailash Narayan. VS Sh.Laxmikant Pareek & Anr. of its realization. Learned counsel for the appellant has submitted that as a result of the injury, the appellant who was a meter reader with the electricity board has suffered permanent disability on account of fracture which has been computed as 31.5%. He submits that as a result of the aforesaid, there is a loss of earning and nothing has been awarded under this head. I have perused the record and the I find that it has come on record that the said disability interalia is on account of shortening of the left leg by half an inch and the claimant suffers difficult in squatting, running and walking long distance. So far as the loss of earning is concerned, the appellant is employed with the electricity board and it is not a case where the injured has remained out of employment on account of the said injury. The learned Tribunal has taken care to ensure that whatever loss was caused to the appellant on account of the absence from the duty and medical expenses as well as pain and suffering have been awarded. Since the salary of the appellant has not been in affected in any manner on account of the injuries suffered by him, I am of the view that nothing by way of damages on account of loss of earning are required to be awarded in the instant case. All in all a total amount of Rs.1,50,150/- has been awarded to the appellant with interest @ 12% p.a. which takes care of the plea of the appellant and which in the facts and 3 S.B.CIVIL MISC. APPEAL NO.1525/2000. Kailash Narayan. VS Sh.Laxmikant Pareek & Anr. circumstances is “just compensation”. In the facts and circumstances, the award passed by the learned Tribunal does not call for any interference. This appeal is accordingly dismissed. There shall be no order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.