IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4163 of 2010 (O&M) Date of decision:28.03.2011 Sobhit ....Appellant versus Dalbir Singh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.J.S.Saneta, Advocate, for the appellant. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 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) The appeal is for enhancement of claim for compensation for Rs.4.68 lakhs awarded to the claimant, who was a cleaner in a truck. He had a fracture of femur and tibia that had left him after treatment in a disability that was assessed for the limb at 60%. While assessing compensation, the Tribunal had provided for Rs.1.25 lakhs and odd for medical expenses proved on record, Rs.40,000/- for pain and suffering for the fracture, Rs.12,000/- for attendant charges and another Rs.12,000/- for special diet and transportation. For the loss of amenities in life resulting in the shortening of the limb and for disability arising therefrom, the Tribunal provided for Rs.1.38 lakhs and had added a further sum of Rs.1.25 lakhs for loss of prospect of marriage. The doctor FAO No.4163 of 2010 (O&M) - 2- had stated that further surgery might be necessary. A fracture does not cause loss of prospect of marriage and if an amount of Rs.1.25 lakhs must be awarded for future medical expenses, I would deny to the appellant the amount awarded for loss of prospect of marriage and take the amount as would be necessary for the future medical expenses. The Tribunal has also awarded Rs.21,600/- for loss of income during the relevant period when he was taking treatment. The overall compensation determined by the Tribunal is, in my view, just and appropriate and there is no scope for enhancement. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 28.03.2011 sanjeev