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Judgment
G.P. Mittal, J.—The Appellant seeks enhancement of compensation of Rs. 1,01,800/- granted by the Claims Tribunal under various heads which can be tabulated hereunder:-
1.
Compensation towards pain and suffering
Rs. 45,000/-
2.
Loss of earning due to injury (for 2 months @ 7000/- per month)
Rs. 14,000/-
3.
Expenses towards medical bills
Rs. 17,800/-
4.
Reasonable medical expenses without bills
Rs. 10,000/-
5.
Compensation towards conveyance and special diet (without bills)
Rs. 15,000/-
Total
Rs. 1,01,800/-
By the impugned judgment dated 07.12.2010, the Claims Tribunal found that the Appellant suffered injuries in an accident which was caused on account of rash and negligent driving of Tata Sumo bearing No.DL-IVB-2992 by the first Respondent. The Appellant suffered fracture of left ankle medial malleolus. He remained admitted in Ram Lal Kundan Lal Orthopaedic Hospital & R.K. Maternity Home w.e.f. 29.10.2008 to 06.11.2008. He underwent surgery where the internal fixation was done.
During inquiry before the Claims Tribunal, it was claimed that the Appellant was working as a Supervisor in Hare Rama Overseas and was getting a salary of Rs. 7,000/- per month and an incentive of Rs. 1,000/-.
It is urged by the learned counsel for the Appellant that the Appellant lost his job on account of the serious injuries suffered by him in the accident. His earning capacity has decreased but he has not been granted any compensation on account of loss of earning capacity or on account of loss of amenities in life. It is urged that the Appellant was turned out of the job immediately after the accident.
No averment was made by the Appellant nor any evidence was led to show that he suffered any permanent disability. There was not even a whisper that he suffered any disability resulting into any loss of earning capacity. Rather, the contention raised on behalf of the Appellant is contrary to the record.
Learned counsel for the Appellant urges that he was turned out of the job immediately after the accident, but, the certificate Ex.PW-1/7 dated 23.03.2010 purported to be issued by the Appellant''s employer shows that he joined him on 01.04.2008 i.e. six months before the accident and he was working on the date of the issuance of the certificate in the year 2010.
It is evident that the Appellant never put up a case that there was any permanent disability resulting into any loss of earning capacity. As stated above, the evidence adduced also points to the same. With the kind of the fracture suffered by the Appellant, a compensation of Rs. 45,000/- towards paid and suffering and provision of Rs. 15,000/- towards conveyance and special diet was just and fair, apart from reimbursement of the actual expenses incurred by the Appellant.
There is no ground to interfere in the impugned judgment.
The Appeal is without any merit; the same is accordingly dismissed. Pending applications also stand disposed of.