(1.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident that took place on 11.10.1995 in which the claimant suffered injuries viz.; head injury, fracture of femur, fracture of three ribs and fracture of three vertebras. He was assessed with 60% permanent disability. He was an Inspector in Food and Supplies Department and was drawing a salary of Rs. 5110/ - per month at the time of accident. The claimant was travelling in a jeep which dashed against a tractor and since, it was a head on collision in the middle of the road, the Tribunal held both the drivers of the vehicles as equally negligent assessing the liability 50:50. The driver of the jeep in which the claimant was travelling died in the accident.
(2.) THE Tribunal assessed the compensation and provided Rs. 16,352/ - for loss of income for 96 days since he remained on leave due to injuries for the period during which he remained hospitalized. The Tribunal has provided Rs. 50,000/ - for medical expenditure incurred on the treatment of the claimant and transportation expenses. It has also provided Rs. 5,000/ - for attendant charges and provided Rs. 2 lacs for pain and suffering and loss of amenities, totalling the compensation at Rs. 2,71,352/ - but made a partial abatement of 50% assessing the payable amount to be Rs. 1,35,676/ -.
(3.) IN this case, the doctor who treated the claimant appeared in the witness box as PW 5 and gave evidence to the effect that he was a member of the medical board at CMO Office, Sirsa and he found the disability caused to the claimant at 60% permanent in nature. He further said there was reconstructive plate surgery done for fracture femur and neck right side. There was moderate limitation of movement of it and moderate limitation of movements in right knee joint and there was healed fracture of three ribs on left side. He also deposed that due to fracture of lumber three, injured is likely to have numbness of the limbs. All these cases do not provide any help to us, for I have no medical evidence available to determine as to how the permanent disability impacted the earning skills of the claimant. The claimant was an Inspector in Food and Supplies, Department and there was no mention even in the statement of the claimant that due to his injuries, he lost his present status or he has been demoted to lower post. The component of loss of earning capacity is dependent on the fact that how the disability caused to the injured impacted his earning skills and how he would not be able to earn in future in the open market as he was doing before his accident. Without any cogent evidence, I am afraid I may not be able to grant any compensation under the component of loss of earning capacity.