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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