YADAGIRI Vs. DEPOT MANAGER NWKRTC

JUDGEMENT

(1.) Though this appeal is listed for admission today, with the consent of both the parties, it is taken up for final disposal.

(2.) Factual matrix of the case of the claimant before the Tribunal is that claimant met with an accident while he was proceeding in a motorcycle and driver of bus bearing Reg.No.KA-23/F-473 came in a rash and negligent manner and dashed against him, as a result he had sustained grievous injuries i.e. closed head injury, compound comminuted fracture of L3 femur right side and to that effect disability certificate is produced before the Tribunal and doctor has assessed the disability at 30% in respect of right lower limb.

(3.) The Tribunal after considering both the oral and documentary evidence on record, awarded compensation of Rs.2,15,000.00 and no compensation is awarded on the head of future loss of income since the doctor has not been examined except marking of disability certificate which is marked as E.P.30 and also it is the contention that he was inpatient for 28 days and subjected to surgery twice and discharge card is also produced before the Tribunal as per Exs.P.27 and P.29. The counsel also submits that the compensation awarded by the Tribunal is very meager and requires enhancement.