CHANDRAYYA Vs. SHRISHAIL.K. MATHAD

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 on account of accident dtd. 5/8/2016 the claimant had suffered permanent disability since he has suffered fracture of patella and the same is malunited and he was inpatient for a period of 19 days and he was subjected to surgery. Hence, he laid a claim before the Tribunal. The claimant in order to substantiate his claim, examined doctor as P.W.2 who assessed the disability at 32% to whole body, but the Tribunal has taken 10% and awarded Rs.20,000.00 on pain and suffering and only Rs.3,800.00 has been awarded towards loss of income and no compensation is awarded on loss of amenities. Hence, the learned counsel for the appellant seeks for enhancement of compensation.

(3.) Learned counsel for the respondent-Insurance Company would contend that the Tribunal has rightly taken the disability at 10% and also the income at Rs.8,000.00 per month is just and proper and hence just and reasonable compensation has been awarded by the Tribunal and hence does not require any interference.