R.L.Anand, J. - (1.) By this judgment, I dispose of two F.A.O. Nos. 2625 of 1998 (INDU BHUSAN v. Major Singh) and 70 of 1999 (New India Assurance Co. Ltd. v. INDU BHUSAN), as both the appeals have, arisen from the award dated 22.8.1998 passed by the Motor Accidents Claims Tribunal, Moga which awarded a sum of Rs. 60,000 by way of compensation to INDU BHUSAN, claimant.
(2.) I have heard the learned counsel for the parties and with their assistance have gone through the records of the case.
(3.) The learned Tribunal has assessed the amount of Rs. 60,000 for the reasons given in paras 11 to 15 of the impugned award, which are reproduced as follows: " (11) In order to prove this issue, the claimant has produced on record a large number of cash memos regarding the purchase of medicines, the said cash memos are attested by the Assistant Accounts Officer, Punjab State Warehousing Corporation, Chandigarh, where these were submitted for reimbursement by the claimant. These cash memos have been carefully seen by me. These are dated 4.2.1993, 5.2.1993, 6.2.1993, 7.2.1993, 8.2.1993, 9.2.1993, 10.2.1993, 11.2.1993, 12.2.1993, 16.2.1993, 18.2.1993, 19.2.1993, 22.2.1993, 23.2.1993, 21.2.1993, 24.2.93,3.3.1993, 19.4.1993, 16.5.1993, 23.5.1993, 16.11.1993, 17.10.1993 and 22.10.1993. Though these have not been proved by the persons who had issued the memos but in view of the law laid down in 1991 (1) PLR 410 these can be considered for the purpose of consideration of quantum of compensation. I do not doubt the authenticity of these bills as these were submitted by the claimant for reimbursement also. It has been admitted that sum of Rs. 13,000 has been reimbursed to the claimant against Rs. 19,873.43. Thus deducting the amount reimbursed to the claimant, a sum of Rs. 7,000 is payable to the claimant on account of medical expenses. (12) So far as the loss of salary to the claimant is concerned, the salary certificate Exh. A2/A of February, 1993 has been produced on record which shows that claimant was getting Rs. 3,773.50 per month after deductions but he was paid full salary for 4.2.93 to 3.6.1993. For 4.6.1993 to 13.6.1993, he was paid 50 per cent of the salary after deduction of half salary as special disability pay. Rs. 5,158 were deducted for the said period. Round figure of Rs. 10,000 is assessed as just compensation for the said salary deducted. (13) For determining nature of the injury and disability suffered by the claimant, reference to the statement of Dr. Aditya Aggarwal, Consultant, Department of Orthopaedics, P.G.I., Chandigarh is important. He has on the basis of record stated that the claimant was admitted on 4.2.1993 in Department of Orthopaedics, P.G.I., Chandigarh with fracture of neck of femur right side, fracture shaft of right femur and grade two compound fracture both bones. He stated that permanent disability is about 40 per cent in respect of right lower limb. He was discharged on 23.2.1994 and that he is not in a position to walk without the help of crutches. AW 6 has produced the original disability certificate, Exh. PW 6/A. He proved that the leg of the claimant was operated upon and fractures were fixed with plate and screws in the femur. There is shortening in the leg. The leg was put in plaster and the claimant was discharged on 23.2.93 and had been followed in O.P.D. till 25.11.1993. AW 7 Dr. V.J.S. Dhillon, Medical Officer, Civil Hospital, Moga proved the MLR, Exh. PW 7/A. (14) On the basis of the above said evidence, it is proved that the claimant remained under treatment from 3.2.1993 till the date of filing of the claim petition and that there was permanent disability to the extent of 40 per cent due to the fracture of the right leg. The counsel for the claimant has cited, Aman Dahiya v. Surinder Jain, 1993 ,ACJ 1208 (P&H), wherein in a case of fracture of leg of an advocate, the Hon'ble High Court was pleased to grant Rs. 1,15,000 as compensation. In Jagdish Chander v. Manjit Singh, 1993 ACJ 732 (P&H), the Hon'ble High Court, in a case of injury of the left hip, where disability was 25 per cent, granted Rs. 30,000 for pain and suffering while granting Rs. 1,80,000 as total compensation. (15) On the basis of evidence led by the claimant, pecuniary loss is assessed as Rs. 17,000 as mentioned hereinabove and for the pain and suffering, mental agony and permanent disability a sum of Rs. 40,000 is assessed. A sum of Rs. 3,000 is assessed as expenses for special diet, conveyance and other miscellaneous expenses, considering the period of hospitalisation and plastering of leg. Thus in total, the claimant is held to be entitled to Rs. 60,000.";