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2022 Supreme(Online)(MAD) 14673

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
A.RAJ KUMAR – Appellant
Versus
UNITED INDIA INSURANCE CO. – Respondent


JUDGEMENT

The claimant is the appellant herein seeking an enhancement of the award passed in MACTOP No.3696 of 2014 by the V, Judge Motor Accidents Claims Tribunal, (Court of Small Causes), Chennai.

2. The only grievance of the claimant is that though the accident is of the year 2014 and the petitioner has sustained disability which has been assessed at 45% by the doctor who was examined as P.W.2 and the disability certificate marked as Ex.P.10, the Tribunal has only adopted a sum of Rs.3,000/- per percentage to arrive at a compensation for disability and the Tribunal ought to have adopted a sum of Rs.4,000/- per percentage as compensation.

3. Heard the counsels.

4. The petitioner has sustained the following injuries.

"Multiple Superficial injuries, Deep laceration, fracture head of right 4th metacarpal, fracture PPX right ring finder with comminuted fracture lateral margin of right patella, inferolateral portion of lateral condyle right femur."

P.W.2 has given a disability certificate wherein he has assessed the disability at 45% on account of the following injuries:-

"The disability sustained by the petitioner due to the right 4th M.C.Fracture, right 4th PP4 fracture, right patella fra

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