LAWS(KAR)-2012-6-187

NAVEEN ALIAS NAVEEN KUMAR Vs. MOHAMED ASLAM

Decided On June 12, 2012
NAVEEN ALIAS NAVEEN KUMAR Appellant
V/S
DIVISIONAL MANAGER Respondents

JUDGEMENT

(1.) BY consent of the counsels appearing on both sides, the matter was heard on for final disposal.

(2.) THIS appeal is by the claimant, seeking enhancement of compensation. There is no dispute regarding the occurrence of the accident as well as the nature of the injuries suffered by the claimant in the accident. The appellant � claimant suffered fracture of right humerus and for correction of the same, he underwent surgery and by using in-plants, the fracture was reduced. In spite of the best treatment, he had suffered the permanent disability affecting his future earning. The Tribunal on assessment of oral and documentary evidence quantified the compensation payable under the different heads as under: -

(3.) .The principal contention urged before this Court by the learned counsel for the appellant is that the Tribunal has not awarded any compensation towards loss of amenities, though it has accepted the evidence placed by the claimant with regard to the permanent disability suffered by him. It is also his contention that the Tribunal has not awarded any compensation towards loss of income during period of treatment and rest. It is his further contention that the Tribunal has not awarded any compensation towards attendant chares, conveyance, nourishing etc. It is also his contention that the Tribunal ought to have taken the income of the claimant at least at Rs.4,500/- per month. Therefore, he sought for enhancement of compensation.