D NANDAKUMAR ALIAS MANI Vs. A PUSHKARAN

JUDGEMENT

(1.) IN this appeal, the injured in a road accident, seeks enhancement of compensation amount. The learned counsel for the appellant would submit that though 65% disability has been assessed by the doctor, the Tribunal awarded only Rs.40,000/- towards disability and it has no basis. Further, under all other heads, only less compensation has been awarded.

(2.) ON the other hand, the learned counsel for the Insurance Company would submit that the Doctor who issued the disability certificate has not treated him. In the light of the evidence adduced, the Tribunal awarded him just compensation.

(3.) ON 26.07.2001, the appellant had sustained injuries in the road accident. Then, he was 20 years old. He was a mason; but, the Tribunal made him a cooli for want of evidence as to the occupation claimed by him. Medical records were marked. PW2 Dr.Thiyagarajan examined him and issued Ex.P6 disability certificate determining his disability at 65%. The Tribunal neither rejected the certificate nor accepted it. But, stated that PW2's determination is not based on any scientific method and adopted a rough and ready method.