JAGDISH SINGH Vs. JASMER SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of claim for compensation for injuries suffered in a motor accident. The accident took place on 25.03.1995 in which the claimant had suffered serious injuries which were assessed to have resulted in permanent disability to the tune of 20%. The claimant was a Head Constable and there was evidence to the effect that he was unable to attend his duty for nearly 42 days. The Tribunal assessed a compensation of Rs.80,000/ -.

(2.) ALTHOUGH the claimant had contended that he had been under a long leave, the Tribunal observed that there was no proof brought from official records to assess whether he had suffered any loss of pay. I will not find any error in the assessment. As regards the cost of medicines, the Tribunal reasoned that the medical bills filed in court Exs.P2 to P29 had not been properly established by proving through the doctor that the medicines purchased had been under his prescription and they related only for treatment of the claimant. I will not look for such extracting standard of proof and allow for Rs.25,000/ - as the cost of medicines. He had been undergoing a treatment including an operation which was last performed in the year 1999, although the accident took place in the year 1995. I do not have really any information about the cause for such a long treatment even if he resumed duty. I will, therefore, provide for a modest increase of Rs.25,000/ - by way of compensation for pain and suffering. The Tribunal's assessment has been reasonable fair as regards the compensation provided for the disability on account of 20% permanent disability as assessed by the Tribunal. The various heads of claims are tabulated as under: -

(3.) THE award stands modified and the appeal is allowed to the above extent.