FAO No. 6982 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 6982 of 2010 Date of decision March 23, 2011 Basti Ram ....... Appellant Versus Ramotar and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Rajiv Sharma, Advocate for the appellant. **** 1. Whether reporters of local papers may be allowed to see the judgment ? Noi 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. The appeal is for enhancement of claim for compensation for injury suffered in an accident. The doctor who had been examined, had assessed the disability at 60% qua limb and qua whole body it was assessed at 20%. The Tribunal while awarding a compensation of `50,000/- had awarded `20,000/- towards disability. Learned counsel has only a plea for challenge to the appeal that the compensation assessed for disability is inadequate. The assessment for disability that does not result in any loss of earning capacity is to be understood as an assessment for compensation for loss of amenities by the functional disability of the particular organ. It is invariably subjective and if the Tribunal awards of `20,000/- for a disability that has been caused for FAO No. 6982 of 2010 (O&M) 2 functional disability which factors component of amenities, I will not find that to be assailable merely because the compensation awarded is perceived by the party to be inadequate. Even under Section 140 of Motor Vehicles Act in a case of permanent disability on no fault, the maximum compensation that could be awarded would be `25,000/- and in terms of Schedule-II, there is no separate provision for assessment of disability in non fatal accidents except in cases where the disability results in loss of income and where the injury cause permanent disablement in turn that results in loss of earning power. Otherwise even for a grievous injury the component of pain and suffering is only `5,000/-. I do not find therefore that the assessment made is in any way inadequate. 2. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE March 23, 2011 archana