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2007 Supreme(Kar) 666

RAM MOHAN REDDY
RATHNA BAI – Appellant
Versus
ORIENTAL INSURANCE – Respondent


RAM MOHAN REDDY, J.

( 1 ) THE claimant-injured dissatisfied with the award of Rs. 38,000/- as compensation for personal injuries, by judgment and award dated 28th September, 2005, in MVC 4813/2003 on the file of the Motor Accident Claims Tribunal-IV Bangalore, for short MACT has preferred this appeal for enhancement of compensation.

( 2 ) THE fact that the appellant sustained injuries in an accident that occurred on 3-8-2003 involving a motor vehicle is indisputable. The appellant suffered fracture of the ulna and radius of the left upper limb and received conservative treatment by application of Plaster of Paris, in k. C. General hospital, is evident from Ex. P-5 the wound certificate. Dr. Prabhakar, Orthopedic Surgeon examined as PW-2 testified to the gross mal union of both bones as disclosed in the X-ray Ex. P-8, wastage of muscle, weak grip and inability to lift weight, and that the appellant requires to undergo two surgeries to set right mal union. In the opinion of the Doctor, the appellant sustained 20% whole body disability due to the injuries. Though the appellant claimed to be vendor selling cloth and earning rs. 3000/- per month, nevertheless did not place relevant ma





























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