Hon'ble GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 7.4.1995 passed in MAC No. 962/1990. 2. The brief facts of the case according to claim petition are that the appellant was employed in Punjab National Bank as Guard and he met with accident on 5.1.1989. The accident occurred due to rash and negligent driving of Bus No. DBP 946, being driven rashly and negligently by the respondent No.2. He was going from his house to he place of his work at Sanganeri Branch of Punjab National Bank and when he reached in front of General Post Office at Mirza Ismail Road, Jaipur at about 9.30 a.m., the said bus gave a severe push from behind from his left front side due to which the appellant injured seriously. 3. Heard learned counsel for the parties and perused the record, specially the impugned judgment and award. 4. The contention of the present appellant is that he was in the employment of the Punjab National Bank and due to accident he had to remain on leave for 58 days but no compensation has been awarded to him for loss of salary. He has suffered 20% permanent disability and medical certificate has also been placed on record but no compensation has been awarded on this count also and the learned Tribunal has awarded a meager compensation of Rs. 5,000/- to him, which should be enhanced proportionately. 5. Learned counsel for the respondent submits that there is no averment in the claim petition that the appellant has suffered any permanent disability and Ex.5, certificate has not been proved before the learned Tribunal. 6. It has been stated by the appellant that he remained on leave for 58 days but no documentary evidence has been produced before the Tribunal and hence, the Tribunal has rightly not assessed any compensation on this count. The injury report of the appellant goes to show that there is only one visible injury and hence, looking to the simple injury and for mental agony, Rs. 5,000/- have been awarded.
The injury report of the appellant goes to show that there is only one visible injury and hence, looking to the simple injury and for mental agony, Rs. 5,000/- have been awarded. It was submitted that the present appellant has suffered 20% permanent disability but in the claim petition, nothing has been alleged regarding this fact and even in the statement of the appellant himself, nothing has been narrated that he suffered any permanent disability and hence the learned Tribunal has rightly not awarded any compensation for permanent disability also. 7. Looking at the above, there is no need to interfere with the impugned award. The appeal has thus no force and the same is hereby dismissed.