J PREMALATHA Vs. S MANI

JUDGEMENT

(1.) The appeal has been preferred by the claimant aggrieved over the quantum of compensation of Rs. 1,84,252/- for the injuries sustained by her for the accident occurred on 12.06.2012, leading to amputation on her right hand. When the victim was travelling as passenger in a Government Bus from Kancheepuram to Tambaram and at that time, a Tractor-Trailer belonging to the 1st respondent insured with the 2nd respondent came in the opposite direction with high speed driven rash and negligently and hit against the bus causing accident.

(2.) Heard Mr.P.Satheesh Kumar, learned counsel appearing for the appellant and Mrs.A.Salomi, learned counsel appearing for the 2nd respondent.

(3.) It is evident from the records that the claimant sustained serious injuries in the accident and therefore her right hand was amputated as proved by Ex.P.2-Discharge summary, Ex.P.4-Certificate issued by the Government and Ex.P.9-Disability certificate. As per P.W.2/doctor's evidence, the disability sustained by the claimant is at 70%. However, the Tribunal converted it to whole body disability at 1/3rd. The said reduction of disability from 70% to 1/3rd of 70% is erroneous and the same is set aside. When the right hand was amputated, it is impossible for the claimant to do any normal work. Moreover, there is no contra evidence adduced by the respondents in this regard. Therefore, 70% determined by P.W.2/doctor's evidence is taken by this Court.