LAXMI NARAIN Vs. SHER SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is an appeal for enhancement of amount of compensation. The learned counsel for the appellant has submitted that learned Claims Tribunal failed to take into consideration the certificate Ex. P/6 of Dr. B.N. Nagarch, wherein it has been mentioned that the applicant has got a commutted fracture of shaft of right femur resulting in shortening of malunion of fracture with permanent disability and loss of normal locomation. However, the learned counsel for the respondent No. 3 has argued that Dr. Nagarch was not examined nor it has shown that he had ever treated the patient. In the circumstances, the permanent disability was not correctly found proved, so far as fracture of shaft of right femur is concerned. The learned Tribunal has rightly awarded general compensation of Rs. 25,000/ -, however, in my opinion, in such a case even though, no details of medical expenses were proved the Tribunal must have awarded atleast minimum amount of Rs. 5,000/ - on account of medical expenses and loss of income during the period in which, appellant remained hospitalised. Out of this amount of Rs. 2,000/ - of such loss of Rs. 1,000/ - has already been allowed under the impugned award. Now remaining amount of Rs. 6,000/ - is further to be awarded to the plaintiff. Thus, the total amount comes to Rs. 33,000/ -.

(3.) THE learned counsel for the respondent No. 3 has submitted that he has already paid the amount under impugned award and only Rs. 6,000/ - and the interest thereupon, remains to be paid. The appellant may verify the same and may apply for execution of the remaining amount.