DILSHAD Vs. MARUTI

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.) The claimant aged about 7 years met with an accident and he has suffered fracture of tibia and also patella and doctor assessed disability at 20% to whole body in the chief examination, but in the cross- examination, he admits that it comes to 10% to whole body.

(3.) Having taken note of the nature of injuries and mal union of tibia and when the doctor has assessed the disability at 10%, this Court has to take note of the judgement of the Apex Court in the case of Master Mallikarjun vs. Divisional Manager, The National Insurance Company Limited and Another reported in AIR 2014 SC 736, wherein it is held that in a case of disability at 10%, the Court has to award Rs.1,00,000.00 and hence, Rs.1,00,000.00 is awarded in the present case also.