HARDEEP SINGH Vs. SUCHA SINGH

JUDGEMENT

(1.) (Oral) - The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident. The accident was occurred on 10.06.2008 and it appears that he was treated as indoor patient at PGI, Chandigarh from 10.06.2008 to 12.06.2008 from where he was shifted and admitted to Amandeep Hospital at Amritsar on two occasions; one from 12.06.2008 to 18.06.2008 and second from 19.11.2008 to 23.11.2008. The appellant claimed that he was under treatment and he had suffered loss of income for the entire period of 5 months. He was said to be a Director of School of Nursing drawing a salary of Rs. 14,652.00 per month. He had produced the medical bills to the tune of Rs. 1,03,550.00. The Tribunal while assessing the compensation observed that no proof had been given with regard to the income and took the loss of income @ Rs. 5,000.00 per month for 4 months and provided the entire medical expenses brought through bills at Rs. 1,03,550.00, provided Rs. 20,000.00 for special diet, Rs. 12,000.00 for transport and Rs. 14,450.00 for pain and suffering to round off the claim at Rs. 1,70,000.00.

(2.) The learned counsel states that as a Director his income ought to have been more and the period of his treatment itself was nearly 5 month and he should have been awarded at the rate at which he claimed his income at Rs. 14,652.00 per month for 5 months. I will reject his contention, for, as a Director of the institution he ought to have all the records in his own custody. The non-filing of documents from the Nursing School will have to lead to an adverse inference that he could have claimed full salary during the said period and therefore, he was screening evidence by not filing the documents. If the Tribunal was, therefore, awarding Rs. 20,000.00 towards loss of income, I would understand that would have been the resultant loss of managerial skills during the said period. The injury does not appear to have resulted in any disability and the Tribunal has provided for the full pecuniary heads for medicines, special diet and transport adequately at Rs. 1,03,550.00, Rs. 20,000.00 and Rs. 12,000.00, respectively. There is no evidence brought on record about the nature of treatment which was accorded him during the said period. If the patient was treated consistently for 5 months, Rs. 14,550.00 for pain and suffering ought to be taken as sufficient. I will find no reason to enhance the compensation as already awarded by the Tribunal.

(3.) The award is confirmed and the appeal is dismissed. Appeal dismissed.