MANOJ KUMAR Vs. SATBIR SINGH

JUDGEMENT

(1.) This is an appeal directed by Manoj-injured against award dated 29.2.2008 for enhancement of compensation.

(2.) Learned Tribunal after adjudication, accepted the claim petition and claimant was held entitled to claim Rs. 1,56,000/- on account of injuries sustained by him. An amount of Rs. 6 1,953/- was allowed on account of actual expenses on medicines. An amount of Rs. 84,000/- was granted on account of permanent disability. An amount of Rs. 10,000/- was granted on account of transportation, special diet, pain and mental agony and loss of income.

(3.) Learned Counsel for the appellant has submitted that the amount of compensation awarded is on lower side and has contended that left ear of the claiment was completely chopped of. He suffered a fracture of forearm. There was permanent disability to the extent of 42% and there was complete weakness of right shoulder and right elbow and partial weakness of right hand with malunion of fracture of clavicle with altered sensations. So, it is contended that the amount granted in respect of pain and suffering, transportation etc. to the extent of Rs. 10,000/- in on lower side. He has also relied upon the authority reported as Binoti Patnaik v. State of Madhya Pradesh and Ors., 2003 ACJ 508 and has submitted that in the said authority an amount of Rs. 2,85,000/- was granted by the Appellate Court. An amount of Rs. 2 lacs was granted on account of disability to the extent of 40%. Rs. 75,000/- was granted on account of pain and suffering. He has further relied upon the authority reported as Praveen v. Raj Kumar Kakkar and Ors., 2008 ACJ 2001. It is submitted that in the said authority Rs. 3,48,000/- was granted where there was permanent disability of 20% only.