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 1/3^rd and also

deformity in right upper thigh 1/3^rd 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

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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 counsel and also

on perusal of the material, the point that would arise for

consideration of this Court are:

(i)

Whether the tribunal has committed an award

in just and reasonable compensation?

(ii)

What order?

5.

Answer to Point No.1 : Having heard the

respective counsel and also on perusal of the material, i.e.

wound certificate which is marked as Ex.P.3, he has

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suffered the deformity to his left thigh distal 1/3^rd,

deformity to right upper thigh 1/3^rd and as per the X-ray

right hip with thigh displaced fracture intertrochontric

region, right knee comminuted displaced fracture distal

end of femur proximal tibia and fibula and the same is

comminuted displaced fracture of short tibia and fibula.

The Doctor who has been examined as P.W.2 issued the

disability certificate and assessed the disability 40% to

whole body. The tribunal has taken the disability at 13%

considering the 1/3^rd and failed to take note of the fact

that, it was a comminuted displaced fracture of shaft tibia

and fibula and also deformity in respect of the femur and

when the same is noticed and he was subjected to surgery

and also Doctor assessed the disability of 40%, failed to

take note of the gravity and nature of injuries and

committed an error in considering 13% when the

comminuted fracture of femur and tibia and fibula i.e.

three bones were fractured and hence, it is appropriate to

take the disability of 22% as against 13%. Having taken

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note of the accident of the year 2015, the notional income

would be Rs.8,000/- and the tribunal has taken only

Rs.7,000/-

and

this

court

has

to

re-assess

the

compensation in view of the material on record. Having

considered the compensation awarded on the different

heads, the tribunal awarded an amount for pain and

sufferings of Rs.50,000/- and having considered the same,

there were three fractures of femur, tibia and fibula and

he was an inpatient for a period of 19 days, it is

appropriate to award an amount of Rs.60,000/- as against

Rs.50,000/-. Food, nourishment and other incidental

expenses awarded an amount of Rs.25,000/- and same

does not requires any interference since he was an

inpatient for a period of 19 days. The tribunal taken loss of

income only for a period of three months at the rate of

Rs.7,000/- and having taken the income of Rs.8,000/- and

also considering three fractures, it is appropriate to take

loss of income for a period of five months and having

considered the same, it comes to Rs.40,000/-. The

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medical expenses are based on the medical documents i.e.

Rs.29,811/- and the same is based on the documentary

evidence and it does not requires any interference. The

tribunal awarded an amount of Rs.1,20,000/-, taking

disability of 13% and this Court re-assessed the disability

as 22% and hence, the same has to be