NAUSHAD Vs. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award dtd. 1/4/2013 passed in MVC.No.7347/2011 on the file of the XVII Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, Mayo Hall unit, Bangalore ('the Tribunal' for short).

(2.) Heard the learned counsel appearing for the appellant.

(3.) The factual matrix of the case of the claimant that he has suffered closed fracture right femur shaft, closed fracture right tibial plateau and the doctor has assessed the disability of 17% but the Tribunal has taken only 15% and when the claimant had suffered major bone fractures, reducing the disability to 15% is an erroneous hence, the Tribunal ought to have accepted the disability as assessed by the doctor.