PREM DASS Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) THIS appeal by the claimant has been filed for enhancement of compensation and is directed against the award of Motor Accident Claims Tribunal, Mandi in claim petition No.23 of 1998, decided on 20.2.2003.

(2.) SINCE the only question involved in this appeal is with regard to the compensation, it is not necessary to give other facts in details and only the evidence necessary to decide this aspect of the matter is being discussed.

(3.) THEREAFTER the petitioner consulted the doctor at PGI Chandigarh vide OPD slip Ex.PW1/H who gave his report Ex.PW1/H in which it was mentioned that the petitioner/claimant may require total joint replacement. However, this doctor was not examined in evidence. PW2 Dr.Harish Behal has also proved the disability certificate Ex.PW1/J. This disability certificate has been issued on 6.10.2001and it shows that due to fracture of the hip left joint the petitioner has suffered 30% disability. It is true that this disability has been shown to be temporary. However, it is also observed in the disability certificate that the condition of his joint is likely to deteriorate with the passage of time and will need further treatment. PW2 Dr. Harish Behal in his statement has also stated that the condition of the petitioner is likely to deteriorate and it is not likely to improve.