D.M.UMASHANKAR Vs. RAJKUMAR CHOUDHARY

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 6/4/2014, met with an accident and on account of accidental injuries he has sustained fracture of humorous and also sustained injury to eye and surgery was conducted. Apart from that he has sustained fracture of 5th, 6th ribs on left side and fracture of 4th rib on right side. The doctor examined as P.W.5, assessed disability at 35% to right upper limb and also doctor who is examined as P.W.4 assessed permanent physical disability at 20% and is also not a treated doctor. The same has not been accepted by the Tribunal. Hence, the present appeal is filed by the claimant.

(3.) The main contention of the claimant is that the Tribunal failed to take note of the disability assessed by the doctor and no compensation is awarded on the head of loss of income in spite of fracture was mal united in terms of evidence of P.W.5 and compensation awarded on other heads is very meager.