J U D G M E N T

G. P. MITTAL, J. (ORAL)

1. The Appeal is for enhancement of compensation of ‘1,12,200/-

awarded to the Appellant for having suffered injuries in a motor accident which occurred on 11.01.1992.

2. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal) it was established that the Appellant suffered head injury with facio maxillary injury (right), fracture lower end of radius (left), compound and comminuted fracture, tibia and fibula (left) and fracture right mandible. He (the Appellant) was working as an Air Craftsman in Indian Air Force and was getting a salary of ‘1,500/- per month on the date of the accident.

3. The Claims Tribunal awarded a compensation of ‘1,12,200/-

which is tabulated hereunder:-

4. The Appellant’s grievance is that although, it was established before the Claims Tribunal that he would not get future promotion as he was placed in low medical category CEE (Permanent) and the Claims Tribunal accepted the Appellant’s case on this count, yet no compensation was awarded towards the loss of promotion to the higher rank.

5. The Claims Tribunal dealt with the injury, permanent disability and promotion to the higher rank as under:-

“9. As per the medical case sheet dt. 21.12.2000 issued by the Medical Officer of Army hospital, it is mentioned that in road traffic accident dt. 11.1.92 the petitioner sustained head injury with facio maxillary injury (R), fracture lower end radius (L), compound comminuted fracture, tibia and fibula (L) and fracture right mandible and he has been placed in low medical category CEE (permanent) w.e.f. January, 1993 and it was recommended that this category CEE (Permanent) will continue and next Board would be on 30.9.01. The petitioner has also placed on record the photo copy of medical case sheet dt. 29.10.01 and it is mentioned that petitioner sustained injuries on 11.1.92 and it was recommended by the Board that he will continue in low medical category CEE (Permanent) and next Board is due on 4.10.02. As per another medical case sheet dt. 9.3.02, it is mentioned that the petitioner suffered compound comminuted fracture, lower 1/3rd of tibia and fibula (L), fracture colles (L), fracture patella (L), fracture mandible (R), fracture zygoma (R) and maxilla (L) and head injury with fracture sinus. As per the photo copy of discharge slip of Army Hospital Delhi Cantt. the petitioner was admitted there on 11.1.92 and discharged on 27.5.92 and he was diagnosed for suffering compound fracture tibia and fibula (L), fracture patella (L), fracture mandible (R), fracture colles (R) and head injury and he was recommended 8 weeks sick leaves. As per the Medical Board proceedings dt. 30th September, 1996, the percentage of disability of the petitioner was assessed at 30%. As per document Ext.PW1/1 dt. 5.10.98 it was certified by Fit. Lt. that the petitioner has been placed in low medical category CEE (Permanent) and being category CEE (Permanent) he will not be promoted for higher rank.

10. The petitioner has not placed on record his salary certificate. He has only mentioned his basic salary of ‘1150/- plus D.A., plus other allowance in the petition and actual amount of D.A. and other allowances is not mentioned. He has also not mentioned his gross salary.

As per the medical documents placed on record, the petitioner has been working in Indian Air Force and thus his gross salary would be at least ‘1500/- p.m. at the time of accident in question. The petitioner admitted in his examination-in-chief that he was provided free treatment in the Army hospital as well as in Artificial Limb Centre Pune but he purchased medicines wo