K. Kannan, J. - (1.) THE appeals are for enhancement of claim for compensation for the injuries sustained in the accident. FAO No. 1648 of 1999 is for injury suffered by one Darshan Singh and FAO No. 2607 of 1999 is for enhancement compensation for injury suffered by his brother Karnail Singh.
(2.) DARSHAN Singh was a security guard employed with Punjab School Education Board. The claimant had two fractures at the head of femur and remained under treatment at Rajindra Hospital at Patiala from 16.5.1994 to 14.6.1994. He had produced the medical bills for Rs.14,937/ - and the Tribunal had awarded Rs.25,000/ -. He claimed that he had suffered a loss of earning for one month when he could not go to work. The Tribunal awarded the salary for one month at Rs.1100/ -. The Doctor had given evidence to the effect that the injury, that caused the fracture, had caused restriction of movement and assessed the functional disability of the organ at 35%. The Tribunal assumed this to be also equivalent to loss of earning power and applied the same on the income to take Rs.376/ -as monthly loss for the rest of his life, adopted a multiplier of 15 and provided for Rs.67,680/ -as compensation. The difference between the functional disability of organ and loss of earning power as brought out through the Hon'ble Supreme Court in Raj Kumar v. Ajay Kumar, reported as : 2010 (12) SCALE 265 was omitted to be seen by the Tribunal. The functional disability could be compensated for loss of amenities and I would understand Rs.67,680/ -as including even the component of pain & suffering, any provision that could be made for attendant charges and even the transportation charges during the time when he was in hospital, I will not see any reason for making an enhancement to the award that has already been passed. The award is confirmed and the appeal is dismissed.
(3.) AS regards the quantum of compensation in FAO No. 2607 of 1999, the claimant had abrasions and swelling and he had not suffered any impairment or disability on account of the accident. For the simple injuries that he had suffered and for the pain & suffering, the Tribunal had assessed Rs.5000/ -. I will again hold that this is appropriate and just and would offer no scope for enhancement.;