SUBRAMANIAN Vs. USHAKUMARI N.

JUDGEMENT

(1.) The appellant is the injured in a motor traffic accident. The accident occurred on 10.12.2008 when the bus bearing Registration No. KL-5/W 441 in which he was travelling, hit against a lorry. He sustained very severe injuries. From Ext.A2 wound certificate, it is seen that, the appellant sustained crush injury of his left hand, total avulsion amputation of left upper limb, at mid forearm and complete amputation of (L) thumb. He was immediately admitted in Elite Mission Hospital. He underwent treatment there as in-patient from 10.12.2008 to 29.12.2008; thereafter from 17.1.2009 to 22.1.2009 and from 20.7.2009 to 24.7.2009. The left arm of the appellant could not be of any use for any functional purposes; his middle forearm up to hand lost sensation; he lost ability to move his fingers except only flicker movement; lost movement for wrist and became impossible to grip anything. In the disability certificate Ext.A9, he is assessed to have 32% disability.

(2.) The appellant was a carpenter by profession. Claiming that he was earning a monthly income of Rs. 4,000/-, the claim petition was filed seeking compensation to the tune of Rs. 10,26,000/-. The Tribunal awarded a total compensation of Rs. 5,61,190/- reckoning his monthly income at the rate of Rs. 3,500/-. Even though his disability was assessed as 32% in Ext A9 certificate and the Doctor was examined as PW1 to prove the same the Tribunal fixed his disability at 30%. This appeal is filed seeking enhancement of compensation on the ground that the income reckoned is too low and compensation awarded under various heads are thoroughly inadequate.

(3.) We heard the learned counsel on both sides.