RAGHUBIR SINGH Vs. KULDEEP & ORS

JUDGEMENT

(1.) The instant appeal has been filed for enhancement of the compensation amount on the ground that the learned Tribunal has failed to appreciate the fact that due to the said accident, the appellant suffered 40% permanent disability, treated for a period of six months and he suffered acute pain and suffering owing to the said injuries as the learned Tribunal has awarded a meagre amount of Rs.50,000/- each towards pain and suffering and loss of amenities/expections of life, which is on a very lower side.

(2.) It is contended by the appellant before the learned Tribunal that he suffered 40% permanent physical impairment due to this accident and placed relied on the disability certificate Ex.PW2/54 issued by Pt. Madan Mohan Malviya Hospital, Malviya Nagar, New Delhi.

(3.) Learned counsel for the Insurance Company has argued that the disability suffered by the petitioner (appellant herein) cannot be taken to be 40% in relation to whole body as the same is only in relation to right lower limb and the petitioner has also failed to examine the concerned doctors who have issued the said disability certificate or the doctors who have treated him.