(1.) This appeal is preferred by the appellant/claimant for the enhancement of award passed in MACT O.P. No.1276 of 2013 on the file of the III Judge, Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.
(2.) It is seen that the appellant met with an accident and suffered injury. The Motor Accidents Claims Tribunal considered the injury as a simple injury and based on appreciation of evidence, has awarded only a sum of Rs.40,000/- to the appellant. No amount was awarded towards loss of earning as the injury was considered as simple injury.
(3.) Learned counsel for the appellant relied upon the evidence of P.W.4. Though the discharge summary was not produced, learned counsel for the appellant pointed out that the case sheet was marked and it indicates that there was a fracture in the left knee. The Doctor who was examined as P.W.4 has given certificate that the disability of the appellant was 35%. Learned counsel for the second respondent contended that P.W.4 is not a competent person and his evidence regarding the disability is not supported by any scientific analysis.