NETHRAVATHI Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) The fact that an accident occurred on 26/9/2011 when the claimant was traveling in a tempo bearing registration No.KA-04-C-6426 resulting in multiple injuries is not in dispute.

(2.) The Tribunal, on assessing the evidence, came to the conclusion that an accident as stated by the claimant had occurred and the claimants had suffered grievous injuries. In respect of the present appellant, the Tribunal recorded a finding that she had suffered fracture of the right humerus, for which she had undergone a surgery, whereby implants were inserted and as per the doctor, she had suffered disability of 12% to the whole body.

(3.) The Tribunal, in the absence documentary evidence regarding her income, proceeded to assess her notional income at Rs.4,500.00 and by applying the multiplier of 18 and considering the disability at 10%, awarded a sum of Rs.97,200.00.