FAO No.491 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.491 of 2011 Date of decision :29.07.2011 Vijay Kumar ...Appellant Versus Ajit Sharma & others ..Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. .G.S. Sandhu, Advocate for the appellant, Mr. Ajay Jain, Advocate for the respondents, Ms. Vandana Malhotra, Advocate for the Insurance Company. JITENDRA CHAUHAN, J. (Oral) Heard. From the perusal of the disability certificate Ex PW3/A, issued in 2009 the claimant suffered disability to the extent of 27%, permanent in nature. From the perusal of the award it is made out that no amount has been granted for the disability suffered by the appellant. The learned Tribunal has declined to grant compensation for the disability simply because the appellant was not able to produce any proof regarding follow-up treatment record. This subjective observations of the learned Tribunal cannot be allowed to stand, in FAO No.491 of 2011(O&M) 2 view of the positive proof of the disability suffered by the claimant. Accordingly, as laid down by the Hon’ble Supreme Court in “Sarla Verma Vs. DTC, (2009) 6 SCC 121” the amount of Rs. 54,000/- is granted under the head of disability. Award under all other heads is reasonable and adequate amount has been awarded. To that extent the award passed by the learned Tribunal is maintained. The appeal is partly allowed and a sum of Rs. 54,000/- is awarded under the head disability. The awarded amount of Rs. 54,000/- shall be payable within 45 days from today. In case enhanced amount is not paid within stipulated period it shall carry interest at the rate of 6% per annum from the date of filing of the appeal till it is paid. Copy of this order be given dasti to the counsel for the Insurance Company under the signatures of the Special Secretary of this Court. 29.07 .2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No