IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.25052-CII of 2009 and F.A.O.No.2082 of 2009 (O&M) Date of Decision 03.11.2009 Pheru Singh ...... Appellant. VERSUS Kuldip Singh and another ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Ekta Thakur, Advocate, for the appellant. ***** A.N.JINDAL, J(ORAL): C.M.No.25052-CII of 2009 On the grounds, mentioned in the application, appeal is restored to its original number. F.A.O.No.2082 of 2009 This is claimant's appeal for enhancement of compensation awarded vide award dated 04.12.2008, passed by Motor Accident Claims Tribunal, Chandigarh, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.63,000/- alongwith interest @ 7.5% per annum in favour of the appellant-claimant (herein referred as 'the claimant') and against the respondents jointly and severally on account of the injuries suffered by him in a motor vehicular accident. The respondents have neither challenged the negligence nor their liability to pay the compensation whereas claimant has sought enhancement of compensation. To prove the quantum of compensation, the claimant examined F.A.O.No.2082 of 2009 (O&M) -2- himself as PW1 stating that he remained admitted in the General Hospital, Sector 16, Chandigarh and was discharged on 06.05.2006. Thereafter, the plaster applied upon the fracture continued for 60 days. He proved medical record Ex.P2 to Ex.P4 in that regard. He also submitted that due to his ill health he remained on leave w.e.f. 20.04.2006 to 13.07.2006 during which period he had engaged attendant on a monthly salary of Rs.2400/-. According to disability certificate Ex.P18 as proved by Dr.R.S.Rana, he suffered 10% disability in relation to the right lower limb and 15% disability was found by dental surgeon. There is no denying a fact that no leave without pay was obtained by him and the medical bills were reimbursed by his department. One fact is proved that he had to pay a sum of Rs.22/- per day for his leave period. However, the Tribunal has awarded a sum of Rs.3,000/- on that account. Regarding the expenses on the attendant, transportation and special diet, the Tribunal awarded a sum of Rs.10,000/-. As regards the disability, the Tribunal awarded Rs.50,000/-. As such, the compensation awarded by the Tribunal appears to be quite adequate, fair and reasonable. No grounds for enhancement. Dismissed. (A.N.Jindal) Judge 03.11.2009 mamta-II