month and
it further erred in taking permanent physical and
functional disability of workman at 40% though Doctor
has stated disability ... consideration the evidence that was placed before him
and having found that disability is not to the extent as
opined by the Doctor
oral evidence tendered by P.W.2 - Doctor who has
opined that disability to the first claimant was to the
extent ... bladder rupture, fracture of shaft femur as
evidenced from Ex.P-34 - disability certificate, Tribunal
erred in awarding very low compensation towards these
injuries sustained
which are at Exs.P13 to P17. Claimant has
produced the disability certificate at Ex.P19, on the basis of
which the Tribunal ... proceeded to assess the loss of future
:7:
income based on the disability assessed by the Doctor-PW13
which was with reference to disability sustained
sought for awarding compensation contending
that he had sustained permanent physical disability.
6 Though first respondent - owner of the offending
vehicle was served ... himself as P.W.1
and also examined the Doctor who issued disability
certificate and got marked Exs.P-1 to P-39. No evidence
Nadaf that Tribunal
committed a serious error in construing percentage of
disability of claimant at 5% when there is positive
evidence available on record ... evidence
tendered by P.W.2 - Doctor who has issued the
disability certificate as per Ex.P-7 and who has stated
that permanent physical
evidence of the doctor who had assessed the
disability at 30% Tribunal erred in reducing the
disability to 10% and hence he seeks for enhancement ... follow-up card was marked as Ex.P.8. Disability
certificate was marked at Ex.P.9 and the wound
certificate
2008 dated 30.12.2010. On account
of the injuries sustained and consequential disability
suffered in a road accident that occurred on
10.10.2007 while claimant was traveling ... this Court that though doctor-P.W.4 had opined that
disability is 20% to the right upper limb, Tribunal
erred in construing the whole
Towards medical bills Rs.5,048/-
3. Towards disability Rs.25,000/-
4. Towards loss of amenities Rs.4,000/-
5. Towards attendant and diet ... would contend that when
Doctor-PW2 has stated that there is 35% disability to
the whole body, the Tribunal ought to have granted
compensation under
loss of future income' by taking
into consideration the whole body disability at 30% and
P.W.2, the doctor, who has issued ... disability
certificate-Ex.P.8 has not specified the whole body
disability to be at 40% and in view of the fact that the
evidence
fracture of clacinum bone of left foot, he had suffered
disability resulting in permanent total disablement and
thereby his earning capacity has got reduced ... Doddamani, who had
examined the workman on 20.12.2006 for assessing
permanent physical disability of the claimant and who
had opined that claimant had total permanent