J. RAMACHANDRAN, S/O. LATE JAYAPRAKASHAN Vs. THE ORIENTAL INSURANCE COMPANY LTD., D.O. IX, 5TH MN PLAZA, PATHI COMPLEX, VATAL NAGARAJ ROAD, OKALIPURAM, BANGALORE-21 BY ITS MANAGER, MS. RAMYA, D/O. AYYAPPAN REMA, MAJOR NO. 278, JMG COLONY, RAILWA

JUDGEMENT

(1.) THIS appeal is filed by the claimant in MVC No. 4945/2005 seeking enhancement of compensation awarded to him in the said proceedings.

(2.) THOUGH this appeal is coming up for admission, since LCR is already received, at the request of counsel appearing for both the parties, it is taken up for final disposal.

(3.) CLAIMANT being aggrieved by the quantum of compensation, has come up in this appeal contending that the accident having taken place in the year 2005, the notional income of the claimant which taken at Rs. 3,000/ - per month for calculating the loss of income during laid up period is on lower side. That there is error on the part of the Tribunal in not considering the evidence available on record, regarding permanent disability suffered by the claimant resulting in loss of earning of capacity. It is his case that the doctor who treated him in Victoria Hospital has given evidence as P.W. 2, wherein he has stated that the claimant has undergone treatment as inpatient for a period of sixteen days in Victoria Hospital. During the said period, he has undergone surgery for setting right the multiple fracture suffered to his left leg and also the progress that is made in recovery is not taken into consideration while awarding the compensation. It is also his case that though implants were put no compensation is awarded for future medical treatment for removal of the same,