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HIGH COURT OF KARNATAKA
NAGARAJ S/O SIDDALINGAPPA BALIGAR – Appellant
Versus
CHANNAVEERAYYA ERAYYA HIREMATH – Respondent


Heard the appellant counsel and also the counsel

appearing for the respondents.

The factual matrix of the case of the claimant

before the tribunal is that, on account of the accident

dated 31.12.2015, he had suffered the fracture of femur,

tibia and fibula on the left leg and immediately he was

taken to hospital and he was treated as an inpatient for a

period of 19 days and he was subjected to surgery and

there was a deformity in left thigh distal 1/3rd and also

deformity in right upper thigh 1/3rd and apart from his

evidence, he also examined the Doctor as P.W.2 who

assessed the disability of 40% to the whole body, the

tribunal has taken the disability at 30% and hence, the

- 3 -

present appeal is filed before the Court, contending that

the compensation awarded is very meager on all the heads

and hence it requires interference of this Court.

3.

Per contra, the learned counsel appearing for

the Insurance company would submits that, the tribunal

has rightly taken the disability of 13% and it does not

requires any interference and also taken income of

Rs.7,000/- in the absence of any documentary evidence

and hence, the appeal is liable to be dismissed.

4.

Having heard the respective

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