JUDGMENT :

K. VINOD CHANDRAN, J.

The appeals are by the claimant/injured in a motor accident, seeking enhancement of the award. The accident occurred on 09.04.2007 when the motorbike, driven by the claimant with a pillion rider, was hit by a truck which was driven rashly and negligently. The Tribunal found the accident to be proven and the negligence to be of the truck driver. The drivers of both the vehicles were having valid licences, and the truck was covered by a valid insurance policy. These findings have attained finality since the insurance company acceded to the dismissal of their appeal before the High Court.

2. On the quantum, the Tribunal found the disability suffered by the claimant to be 45% as against the claim of 90%, sought to be established through production of a disability certificate issued by the Medical Board, produced herein as Annexure 2. The Tribunal looked at the Employees’ Compensation Act, 1923 and the schedule therein to find the amputation at hip having been assessed at 90 % for loss of earning capacity; which the Tribunal found to be for the amputation of both legs. It was hence, 45% was adopted by the Tribunal as the disability of the claimant who lost