SUBHAKAR POOJARY, S/O. LATE ANNI POOJARY Vs. K.S. KALLURAYA S/O. LATE RAMA KRISHNAYYA, PADMA NILAYA, CANARA, HIGH SCHOOL ROAD, DONGARAKERI, MANGALORE. AND NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE; RAMBHAVAN COMPLEX, 1ST FLOOR, KODIALBAIL,

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award, dated 24.09.2010 passed by the Motor Accident Claims Tribunal, Dakshina Kannada, Mangalore, in MVC No. 1113/2007.

(2.) ON account of the injuries suffered by the Appellant/claimant in the road traffic accident on 04.04.2007, the Tribunal granted compensation of 2,22,875/ -, the break -up of which is as follows: <FRM>JUDGEMENT_1051_TLKAR0_2011.htm</FRM>

(3.) THE next submission of Sri Sarat Chandra Bijai is that the Tribunal has erred by taking the whole body disability as 5%. According to him, as per the doctor's assessment, the Appellant is incapable of resuming his tailoring work and that therefore his occupational disability ought to have been taken at atleast 15%, if not 100%. He also takes exception to the Tribunal not awarding any amounts towards the attendant charges. He also had a grievance over the Tribunal deducting a sum of 7,500/ - from the amounts towards the medical expenses, even when the doctor's bill is produced. The Tribunal has effected the deduction in question only because the doctor, to whom a sum of 7,500/ - is paid, is not examined.