G. P. Mittal, J.:—(ORAL)

1. The Appellant Ramveer Singh who at the time of accident was working as a Head Constable in Delhi Police seeks enhancement of compensation of Rs.5,07,554/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for having suffered grievous injuries in a motor vehicle accident which occurred on 06.12.2007.

2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence reached by the Claims Tribunal has attained finality.

3. In the unfortunate accident, the Appellant suffered multiple fracture and crush injury on his left leg and on his abdomen. Immediately after theaccident, the Appellant was removed to Max Balaji Hospital where wound debridement was done and external fixator was applied on 07.12.2007. Wound debridement of split skin grafting was done on 12.12.2007 by Dr. Biraj Nathani, a Plastic Surgeon. On 15.12.2007, exploratory laparotomy with primary repair of diaphragmatic hernia and anterior gastropexcy was done by Dr. Deepa Tayal, a General Surgeon. The Appellant was discharged from the Hospital on 22.12.2007. It was stated that because of the crush injury, the Appellant took longer time to join his duty. He took leave for 16 months from 16.12.2007 to 16.04.2009 and for one month from 14.12.2009 to 14.01.2010. Disability Certificate Ex.PW1/3 was proved which shows that the Appellant suffered permanent physical impairment to the extent of 43% in relation to his left lower limb. The Claims Tribunal awarded a compensation of Rs.5,07,554/-, which is tabulated hereunder:

Sl. No.	Compensation under various heads	Awarded by the Claims Tribunal
1.	Medical Charges	Rs.3,27,554/-
2.	Conveyance Charges	Rs. 10,000/-
3.	Special Diet	Rs. 20,000/-
4.	Loss of Leave	Rs. 50,000/-
5.	Pain & Suffering	Rs. 50,000/-
6.	Curtailment of Enjoyment of Life	Rs. 50,000/-
	Total	Rs. 5,07,554/-

4. Following contentions are raised on behalf of the Appellant:

(i) The compensation of Rs.50,000/- towards loss of leave was on the lower side. The Appellant should have been granted full compensation on account of loss of leave irrespective of the fact that he was paid salary towards earned leave/medical leave.

(ii) On account of permanent disability, the Appellant would not be promoted to the level of Assistant Sub Inspector and Sub Inspector in Delhi Police. He was not awarded any compensation on account of loss of future prospects.

(iii) No compensation was awarded towards attendant charges.

(iv) The compensation towards pain and suffering was on the lower side.

5. On the other hand, the learned counsel for the Respondent Insurance Company urges that the compensation awarded is just and reasonable.

LOSS OF LEAVE:

6. From the certificate Ex.PW1/4, it was established that the Appellant was on leave from 16.12.2007(the date of the accident) to 16.04.2009, that is, for a period of about 16 months. He was again on leave for one month from 14.12.2009 to 14.01.2010 which was proved by the certificate Ex.PW1/5. The Claims Tribunal instead of granting compensation on account of actual loss of leave, granted a lumpsum compensation of Rs.50,000/- on the ground that the Appellant was paid salary during this period. A victim of a motor vehicle accident cannot be made to suffer loss of his full pay leave or the medical leave for the benefit of the tortfeasor. An employee loses an opportunity for encashment of leave at

the time of his superannuation if the leaves are exhausted during service. In the circumstances, the Appellant is entitled to be paid full salary for the loss of leave.

7. In the Claim Petition the Appellant stated his salary on the date of the accident was Rs.13062/-. During evidence, the Appellant proved the salary certificate Ex.PW1/6 to show that his salary in October, 2010 was Rs.26,091/-. Salaries of the Gover