VEERESH Vs. GAJANANA TRANSPORT CO. LTD.

JUDGEMENT

(1.) BY consent of learned Advocates, the matter is taken up for final disposal.

(2.) APPEAL is filed by claimant for enhancement of compensation. On account of road traffic accident that occurred on 17.12.2005, claimant sustained in all four injuries as per Ex.P -3 wound certificate. Injuries No. 3 and 4 are grievous in nature namely fracture of lower end right radius and fracture of 1st and 2nd metatarsal bone of right foot. Claimant contended that he took treatment at Bapuji Hospital, Davanagere. For reasons best known, no documentary evidence was placed in this regard except Ex.P -3 wound certificate. However, doctor who has issued the disability certificate Ex.P -6 came to be examined as P.W. -2. He has opined there is 40% of total permanent disablement. As to whether it is to the whole body or particular limb nothing is forthcoming from his evidence. Considering the fact that claimant had sustained fracture of right radius and fracture of 2nd metatarsal bone, Tribunal has awarded a total compensation of Rs. 40,000/ - which is marginally on the lower side. Taking into consideration that claimant would have been unable to discharge his normal duties at least for a period of two months and he would have expended monies for food and nourishment during the period of treatment and also taking into consideration that claimant had sustained three fractures as referred to hereinabove, I am of the considered view that an additional compensation of Rs. 25,000/ - if awarded globally, it would meet the ends of justice. Accordingly, same is hereby awarded and as such I proceed to pass the following: