LAWS(KAR)-2012-6-153

R LOKESH Vs. DIVISIONAL MANAGER

Decided On June 05, 2012
R LOKESH Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) THE appeal for enhancement of compensation against the judgment and award dated 3.9.2010 in MVC No.4265/2009 on the file of the Member, MACT & XI Additional Judge, Court of Small Causes, Bangalore.

(2.) EX.P6 wound certificate discloses that the appellant has suffered crush avulsion injury left upper limb with neurovascular injury. The doctor has been examined as PW-2 who has deposed that the appellant has got disability to the left upper limb at 25% and to the whole body at 15%. The Tribunal has committed an error in calculating the disability at 8.5% without there being any reasons. The doctor has deposed in his deposition that for future medical treatment, the appellant requires Rs.60,000/- against which the Tribunal has awarded Rs.25,000/- only.

(3.) ON the other hand, the learned counsel for the Insurance Company submits that the Tribunal has correctly assessed the compensation and there is no scope for enhancement. Hence he prays for dismissal of the appeal.