MOHAMMED SAB S/O MAHAK SAB MULLA Vs. BHEEMRAYA S/O ANNEAPPA HARKANCHI, DIST. GULBARGA AND THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., N.G. COMPLEX, 1ST FLOOR, OPP: MINI VIDHANA SOUDHA, GULBARGA

JUDGEMENT

(1.) THERE is a delay of more than 8 months (255 days) in filing the appeal. However, in the interest of justice, I heard the learned counsel for the appellant on the merits of the appeal and perused the impugned judgment. Learned counsel for the appellant submitted that the appellant had suffered fracture of tibia and fibula in the accident in question resulting in permanent disability of 24%. Hence, the compensation of Rs. 65,750/ - awarded by the Tribunal is on the lower side and requires to be enhanced.

(2.) A perusal of para 20 of the impugned judgment would show that the Doctor -P.W.2 has not assessed the disability of the appellant with respect to his whole body. The Tribunal, on a detailed consideration of the evidence on record, has assessed the permanent disability at 6% and after adopting an appropriate multiplier, the loss of future income is assessed at Rs. 32,400/ -. The compensation assessed by the Tribunal under different heads is stated at para 21 of the impugned judgment. On the facts of the case, the compensation of Rs. 65,750/ - awarded by the Tribunal cannot be said to be on the lower side to warrant interference in appeal. Accordingly, both Misc. Civil 151768/2011 and the appeal stand dismissed.