RAJESH KUMAR Vs. BONN NUTRIENT PVT. LTD.

JUDGEMENT

(1.) ALL the five cases are connected as they arise out of the same accident that took place on 17.08.2001.

(2.) IN the appeal in FAO No. 3882 of 2003, the contention was that the claimant had suffered fracture of his right leg and left hand. He lost one year of his training as Constable in Haryana Police. There have been no specific disability assessed and it is also not very clear from the evidence of what had been the actual pecuniary loss on account of injuries. It was stated that he remained in hospital for 4 months and spent Rs. 40,000/ - on his treatment. He also stated that he did not claim any reimbursement from the Government. The Tribunal was justified in holding that in the absence of any medical bills, there was no reason to believe that he had not claimed any reimbursement from the Government. He also admitted in his evidence that he was paid full salary during the period of his hospitalization for 4 months. The details of loss of salary are not known though he had lost one year of training as Constable. The Tribunal has assessed the amount under various heads at Rs. 30,000/ - and I find no reason for increase. The Tribunal has however found that there was a case of contributory negligence. The issue is discussed separately and the ultimate award shall abide by the finding recorded regarding liability.

(3.) THE appeal is for enhancement of claim for compensation for injuries suffered by the claimant. In the accident, he received fracture and other injuries on his leg. He had been admitted in PGI, Chandigarh, having been referred from the Civil Hospital, Ambala and he remained admitted from 18.08.2001 to 23.08.2001 and later admitted in the Civil Hospital, Ambala, w.e.f. 24.08.2001 to 12.09.2001. He produced medical bills to the tune of Rs. 19,800/ - under Exs. P19 to P69. It was brought out in evidence that he had been taking treatment for 7 months and there had been a financial loss to him by remaining absent from duty. The Tribunal provided for loss of salary for all the said period at Rs. 35,300/ -. It provided for pain and suffering at Rs. 30,000/ - and fully reimbursed to him the medical expenses brought before the court. The assessment to Rs. 85,100/ - as made by the Tribunal conform to the evidence brought before it and I find no reason for making any intervention.