In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 4118 of 2008 Date of decision: August 12, 2009 Master Harshit .. Appellant Vs. Amarjit Singh and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Ashwani Arora, Advocate for the appellant. Mr. Gopal Mittal, Advocate for Mr. R.C. Kapoor, Advocate for the respondent No.2. A.N. Jindal, J This appeal for enhancement is directed against the award dated 2.1.2007 passed by the Motor Accident Claims Tribunal, Chandigarh, whereby, a sum of Rs.83500/- was awarded to the claimant-appellant Master Harshit (herein referred as 'the claimant') for the injuries suffered by him in a motor vehicular accident. The Tribunal awarded compensation on the following heads :- 1. Actual medical expenses Rs.29,469/- 2. Compensation for pain and suffering and loss of enjoyment of life Rs.6,000/- 3. General damages for 15% permanent partial disability Rs.30,000/- 4. Loss of wages to the mother of Harshit as proved by PW.3 from 12.9.04 to 10.4.05 @ Rs.2000/- per month for attending to Harshit Rs.14,000/- 5. Special diet and transportation charges Rs.4,000/- Total Rs.83,469/- F.A.O. No. 4118 of 2008 -2- Learned counsel for the claimant has stressed much for enhancement of the compensation. In this regard, I need to reproduce the statement of Dr. Ashok Gupta, who appeared in the witness box as PW-2 and stated that Master Harshit was admitted in PGI on 10.9.2004 and was discharged on 24.9.2004; and then he remained under follow up treatment up to 10.6.2005. According to him, he had suffered a fracture of subtrochantric femur left, fracture tibia right lower 1/3rd , fracture first and second metatarsal right foot with skin loss. However, during cross examination he stated that the Board found that all the fractures of the claimant were united, leaving scar on the dorsal of right foot and ankle. There was cavus deformity due to malunion and loss of extension digitorum and extensor hallus tendons. There was also poor flexors of toes. Perusal of the statement of Dr. Ashok Gupta (PW2) reveals that the claimant had been cured for the injuries suffered by him leaving large scar which could also be eliminated with the passage of time. No such evidence has been led showing any shortening of the leg or any other organ of the body. As such, the Tribunal was justified in awarding Rs.30,000/- for disability suffered by him. Learned counsel has placed reliance on the judgment delivered in case Raj Kumar vs. Bhola Ram and Ors. 1 (2006) ACC 332 (DB), whereby it gave lump sum amount of Rs.2 lacs for the disability suffered by the claimant. But the facts of that case are distinguishable from the facts of the present case, as there was shortening of leg by 2 cm in that case, but in this case no such deformity could be found. I, further observe that the Tribunal has taken note of all the sufferings of the claimant and has awarded compensation on the specific heads, on the basis of the evidence led by the claimant. The award appears to be proper, fair and reasonable. No grounds for enhancement. Dismissed. August 12, 2009 (A.N. Jindal) deepak Judge