ORIENTAL INSURANCE CO LTD Vs. V SATHYANARAYANA BABU

JUDGEMENT

(1.) THE Insurance Company, aggrieved against the award passed by the Tribunal fixing the compensation at Rs. 2,60,550/-, has filed this appeal.

(2.) THE claimant, V. Sathyanarayana Babu in respect of the injuries sustained in a road accident that took place on 11. 6. 1996, filed the petition claiming compensation at Rs. 4,00,000/ -. The Tribunal, after considering the evidence let in on the side of the claimant viz. , P. Ws. 1 to 3 and Exs. P1 to P17, awarded compensation at Rs. 2,60,550/-, which is under challenge in this appeal. No evidence was let in on the side of the appellant Insurance Company.

(3.) IN this appeal, only the quantum is disputed by the appellant Insurance Company. In respect of the injuries sustained in the accident, it is seen that the claimant was admitted in the Government General Hospital, Chennai and took treatment as in-patient for three days, as per the discharge certificate Ex. P1. Thereafter, the claimant was taking treatment as in-patient in Sri Ramachandra Medical College Hospital from 14. 6. 1996 to 6. 7. 1996 as per Ex. P2. There, two operations were performed and a plate was fixed in the left thigh of the claimant due to fracture in the left thigh. The claimant has marked Ex. P4 certificate to show that he was admitted as in-patient in the Sri Ramachandra Medical College Hospital. Ex. P5 is an O. P. Chit showing that the claimant was taking treatment in Sri Ramachandra Medical College Hospital. Ex. P7 is a disability certificate issued by Sri Ramachandra Medical College Hospital to the effect that the left leg of the claimant was shortened due to the fracture in his left thigh. The claimant has also deposed that due to the accident, there were fractures on the right hand finger, left thigh bone and hip. P. W. 3 Doctor also adduced evidence to the effect that in the accident, the claimant has sustained fracture on the left bone of the hip and due to the said fracture, he underwent operation and a plate was fixed in his left thigh. The Doctor has further adduced that due to the fracture in the right hand and the hip, though treatment was given there was mal-union and there was shortening of left leg by about 1. 5" and it would be difficult for the claimant to sit on the floor conveniently and climb the steps and it would not be possible for him to walk for long and it would also be difficult for the claimant to lift the heavy articles and do day-to-day work and as such, the Doctor assessed the disability at 70% and issued Ex. P16 disability certificate. Ex. P17 is X-ray.