UDAYAKUMAR Vs. HIREMATH J.

JUDGEMENT

(1.) Though the appeal is listed for admission, with the consent of learned counsel for both the parties, the matter is taken up for final disposal.

(2.) The factual matrix of the case is that the claimant was working as Driver and on account of the injuries sustained by him in the road traffic accident which was taken place on 03.11.2010, he has sustained fracture of distal and right radius and also took treatment for lung resection. In support of his contention, he also examined the Doctors as P.Ws.2 and 3. The Doctor, who has been examined as P.W.2 assessed the disability of 12.35% in respect of fracture of distal and right radius (forearm bone). The Doctor, who has been examined as P.W.3 assessed the disability at 30% since, the claimant has undergone treatment for lung resection. In all, the Doctors, who have been examined as P.Ws.2 and 3 have assessed the disability at 42% and the same is considered by the Commissioner.

(3.) The main contention of the learned counsel for the claimant is that the accident has taken place on 03.11.2010 and the claimant was earning Rs.8,000/- per month as Driver and apart from that, he was getting Rs.100/- as batta and the Commissioner has committed an error in taking the income of the claimant only at Rs.6,500/- per month. The counsel also would submit that the Commissioner did not consider the medical bills to the tune of Rs.3,08,191/- and hence, the present appeal is filed.