G RAMESH Vs. DEEPAK ASSOCIATES AND ANOTHER

JUDGEMENT

(1.) This appeal has been filed by the claimant who sustained injuries in a road accident that took place on 03.07.1990. In that accident, the claimant sustained fracture of left hand as well as left leg. For that, he made a claim of Rs.1,00,000/- as compensation. To prove his claim, he examined himself as P.W.1 and marked Exs.P.1 to P.11. On the side of the respondents, no witness was examined, but one document was marked as Ex.R.1. Considering the evidence on record, the Tribunal found that the accident occurred due to the negligence of the driver of the car and passed an award for Rs.31,800/-. Aggrieved by that award, the claimant has preferred this appeal.

(2.) The learned Counsel appearing for the appellant submitted that the claimant was employed as a cleaner in a lorry and was earning more than Rs.1,500/-, that he was aged about 24 years at the time of the accident, that due to the accident, he suffered permanent disability to an extent of 40%, in respect of which, he has marked the Disability Certificate, Ex.P.11, issued by a competent Ortho-physician, that the Tribunal also has accepted the permanent disability as given in the Certificate and therefore, the permanent disability is 40%, and that the award of Rs.20,000/- as loss of income due to the permanent disability is very much on the lower side and hence it is liable to be increased.

(3.) The learned Counsel appearing for the respondents submitted that though the Disability Certificate was marked by P.W.1, the Doctor who gave the same has not been examined and that in the absence of examining the Doctor who gave the Disability Certificate, the same cannot be relied upon. But, the argument of the Counsel for the respondents has force.The respondents have not preferred any appeal against the award. Therefore, the conclusion of the Tribunal accepting the Disability Certificate and granting Rs.20,000/- towards permanent disability, cannot be faulted.