JUDGMENT (Oral)

1. The appellant has challenged the impugned order dated 18th October, 2016 whereby a compensation of Rs.2,66,533/- has been awarded to the appellant.

2. On 16th March, 2015 at about 08:00 p.m., the appellant was driving vehicle No.HR-55M-3116 under the employment of respondent No.1 and he met with an accident with another vehicle which resulted in fracture of mid shaft bone tibia with intra-medullary nail and fracture of lower 1/3rd shaft tibia and mid shaft fibula. The appellant suffered permanent disability of 43% with respect to both lower limbs. The vehicle being driven by the appellant was owned by respondent No.1 and insured with respondent No.2.

3. The appellant filed application for compensation before the Commissioner, Employees' Compensation. The Commissioner, Employees' Compensation awarded Rs.2,66,533/- by taking the functional disability of the appellant as 15%.

4. Learned counsel for the appellant urged at the time of the hearing that the functional disability of the appellant be taken up as 100% as he is unable to drive anymore due to permanent disability.

5. The appellant is present in Court and his condition has been seen. Dr. Mani Shanka