DHARMANNA ALIAS BABU Vs. BEERAPPA

JUDGEMENT

(1.) HEARD the appeal finally by consent of the learned Advocates on both sides.

(2.) THIS appeal is filed by the claimant seeking for enhancement of compensation.

(3.) IN the accident that occurred on 06.06.2008 at about 8.00 a.m. the claimant has sustained grievous injuries on the head and other parts of the body. Immediately, he was admitted to Basaveshwar Hospital, Gulbarga, and thereafter, he was shifted to Yashodhara Hospital, Solapur, where he took treatment as an inpatient from 07.06.2008 to 01.07.2008. The Tribunal awarded compensation of Rs.3,59,000/ - in MVC No.555/2009 filed by the claimant. Both the learned Advocates have taken us through the material on record and argued their respective case. The doctor who treated the claimant is not examined. However, another doctor (PW.2) is examined before the Court to depose about the disability sustained by the claimant. He has deposed that the claimant has sustained disability to an extent of 75% to the whole body. However, he has assessed the disability to the post head injury dense hemiplegia of upper motor neuron type of left side accounts for disability of 60%. Based on the said material, the Tribunal has quantified the compensation assessing the disability at 40%. The Tribunal below before concluding so and having not been satisfied with the evidence of PW.2, sent the claimant for evaluation to District Hospital, Gulbarga, during the course of the trial. The District Surgeon and Superintendent of District Hospital, Gulbarga, after examining the claimant issued the medical certificate dated 11.02.2011, which reads thus: