SBCMA NO.1900/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL MISC.APPEAL NO.1900/2005. Deshraj Singh Vs. Raghuveer Singh & Others Date of Order:- 16/04/2008. PRESENT HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri G.P. Kaushik for the appellant. **** BY THE COURT:- Heard learned counsel for the appellant. 2) This appeal has been filed at the instance of the claimant-injured who has been awarded compensation of Rs.63,000/- for the injury suffered by him in accident. 3) Learned counsel for the appellant has argued that the appellant sustained injuries of right eye resulting into 12% disability. Appellant had to remain on leave for four months and for corresponding period, he had to avail of leave which otherwise would have entitled him to encashment of leave. Learned Tribunal has overlooked this aspect of the matter. Learned counsel has further argued that appellant was Naik in the Infantry Division and since he has been declared unfit for the post and duty as Pilot Gunner, he has SBCMA NO.1900/05. 2 been placed in lower medical category as permanent category ‘C’ and is now working in the Store as a helper. 4) Having heard learned counsel for the appellant and perused the impugned-order, I find that age of the injured at the time of accident was 32 years and accordingly Tribunal on the basis of the age awarded Rs.40,000/- as compensation for permanent disability. Learned Tribunal separately awarded Rs.15,000/- towards the injury in eye, a sum of Rs.3,000/- medical expenses incurred on treatment, Rs.3,000/- towards mental agony and Rs.2,000/- towards additional nutritious diet and thus a total sum of Rs.63,000/- has been awarded as compensation. 5) The argument that has been raised before the court that due to loss of leave encashment, appellant should also be additionally awarded certain amount as compensation, was not raised before the Tribunal. Such argument can not be allowed to be raised for the first time before this Court. 6) In totality of the circumstances, I do not find any error in the award of the Tribunal. The appeal is accordingly dismissed. The records be sent back forthwith. Anil (MOHAMMAD RAFIQ), J.