The said doctor PW-1 specifically stated that the claimant did not tell him about any other injury except the one on the left hip; and that the claimant did not sustain any injury on his head. It appears from the testimony of the claimant-appellant that he allegedly 7 took treatment as regards scrotum in the months of November-December 1992, but there is no evidence on record to co-relate any such ailment or deformity concerning scrotum with the accident in question. Therefore, in our view, the High Court has been justified in rejecting the case of 95% permanent partial disablement and the suggestions about the injuries other than that on the left thigh bone of the appellant.- the question of just compensation, though it is noticed that the High Court has substantially reduced the amount of compensation awarded by 8 the Tribunal but then, such a reduction was the natural consequence of rejection of the case of 95% disablement. The High Court has, otherwise, examined the entire evidence on record and, in the ultimate analysis, the amount awarded by the High Court at Rs. 2,11,060/- cannot be said to be too low or grossly inadequate on the facts and in the circumstances of this case. In this view of the matter, some restriction by the High Court towards loss of earning or disallowance of expenses of medicines, do not make out a case for interference because, as observed, the ultimate award amount is not grossly inadequate in the given set of facts and circumstances. As regards interest, the Tribunal had been rather generous in awarding the same at an exorbitant rate of 15% p.a. that was liable to be reduced. In fact, the High Court has yet allowed a comparatively higher rate of interest at 9% p.a. We find absolutely no reason to consider any upward revision in the amount of compensation awarded in this case by the High Court.


Hon’ble Mr. Justice Dinesh Maheshwari