FAO No.3676 of 1999 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3676 of 1999 (O&M) Date of decision: December 8, 2009. Hoshiar Singh ...Petitioner(s) v. Satbir & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri Vikas Bishnoi, Advocate, for Shri R.N. Lohan, Advocate, for the appellant. Rakesh Kumar Garg, J. (Oral): CM No.19934-CII of 1999 Having heard learned counsel for the appellant and for the reasons mentioned in the application, the same is allowed and the delay in filing the appeal is condoned. Civil Misc. application stands disposed of. FAO No.3676 of 1999 It may be pointed out here that since 1.10.2007, this case is being adjourned to enable learned counsel for the appellant for effecting service upon respondents No.2 to 4, however, till date no steps have been taken by the appellant to serve the aforesaid respondents No.2 to 4 and, thus, in these circumstances, this court has been left with no option but to proceed to decide this appeal on merits of the case, however, without any prejudice to the rights of the appellant. FAO No.3676 of 1999 -: 2 :- This is claimant's appeal for enhancement of the compensation, challenging the impugned award on the ground of inadequacy of compensation. As per the claimant/appellant, he suffered multiple grievous injuries and became disabled due to the accident in question caused by Satbir – driver of the offending vehicle. The Tribunal, on appreciation of the evidence, awarded a compensation of Rs.40,000/- to the appellant. Challenging the aforesaid findings, learned counsel for the appellant has vehemently argued that there is ample evidence on record on the basis of which the appellant is entitled to enhancement of the compensation. I have heard learned counsel for the appellant and perused the impugned award. In support of his claim, the appellant appeared as PW1 and produced a permanent disability certificate Ex.PW7/A showing 10% permanent disability due to the fracture in his left arm. However, the Tribunal after discussing the entire evidence and keeping in view the expenses incurred by the appellant and the disability, granted him a sum of Rs.40,000/-. There is no other material evidence on record on the basis of which it can be stated that the appellant is entitled to enhanced compensation. It has come in the evidence of Dr. M.L. Kochar that the disability was assessed by the medical board which examined the injured Hoshiar Singh, on 24.7.1998 and 31.7.1998 and was not able to give any opinion about the age of the injury on the left arm of the appellant. It is relevant to point out that the accident has occurred on 6.7.1994 whereas the FAO No.3676 of 1999 -: 3 :- aforesaid disability of the appellant was assessed on 24.7.1998/31.7.1998. There is evidence, Ex.PD, i.e., medico-legal report of the appellant, available on the record and statement of Dr. H.N. Sehgal, who has deposed that on 6.7.1994 he examined the appellant and found two injuries on his person, i.e., lacerated wound 1-1/4 cm x 1/3 cm into deep skin on the left thigh and an abrasion 4 cm x 3 cm on left upper arm along with deformity of left upper arm. Thus, keeping in view the totality of the circumstances, I find no fault in the findings of the Tribunal. Dismissed. December 8, 2009. [ Rakesh Kumar Garg ] kadyan Judge