ALLABAX S/O. HASIMPER MIRJI Vs. SRI MUNIRAJU J. MAJOR, PROP:JANATHA TRAVEL AGENCIES, COX TOWN, GOVER ROAD CROSS, BANGALORE-05, THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., 401/2, F-1, SWASTIK MANANDI, ARCADE, S.C. ROAD, BANGALORE-20, BASAVARA

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Heard the learned Counsel appearing for parties and perused the judgment and award of the Tribunal.

(2.) FOR the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

(3.) AFTER hearing the learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore, it is deserved to be enhanced. As per Ex.P.5 - discharge slip of CRPF Hospital, Hyderabad, Ex.P.9 - wound certificate of District Hospital, Bijapur, Ex.P.13 - case sheet of Bowring Hospital and Ex.P.14 - x -ray, claimant had sustained fracture of condylar of left tibia. He was treated in District Hospital, Bijapur and then admitted to Bowring Hospital on 15 -5 -06 and discharged on 18 -5 -06, wherein the fracture was treated conservatively. Thereafter, he was admitted to CRPF Hospital, Hyderabad and discharged at his request on 24 -4 -07. P.W.3 - an Orthopaedic Surgeon has stated, claimant has suffered permanent disability of 46% to left lower limb and 23% to whole body. Tribunal has considered the same at 13%.