evidence has awarded very high compensation which
is not commensurate with the disabilities suffered by
the claimant on account of injury sustained and as
such ... claimant may find
difficulty in holding things. He has opined that disability to
the right upper limb is 50% and to the whole body
treatment.
On account of injuries sustained in said accident
claimant suffered consequential disability and as such a
claim petition under section 166 of Motor Vehicles ... Loss of future income due to Rs.3,07,200=00
disability
6 Conveyance charges Rs.10,000=00
TOTAL
Heads Amount
No.
1 Future loss of earnings Rs. 60,480/-
(permanent disability)
2 Medical expenses Rs. 48,208/-
3 Loss of income during
treatment ... appearing for claimant that Tribunal
ought to have taken the whole body disability at 40%
and assessed the compensation towards 'loss of future
income
said injuries were
sustained by the claimant. The doctor who has issued
disability certificate Exhibit P-9 has been examined as
PW-2, the evidence ... doctor is cryptic without details.
He only states that he has issued disability certificate by
assessing the disability at 25%. He does not state
Commissioner is on the lower side and he contends that
disability sustained by the claimant though opined by
the doctor ... driver
in future, as such, Commissioner ought to have taken
disability at 100% and awarded compensation
accordingly. Hence, he prays for allowing cross-
objections filed
question passed by the Tribunal are erroneous on the
ground that disability as assessed by the Doctor has been
marginally reduced by the Commissioner ... been
held to be the same as whole body disability and also to
be the proportionate loss of earning capacity of claimants
and this finding
absence of any
clear ascertainment of permanent
physical disability and proportionate loss
of earning capacity as assessed by
qualified medical practitioner as
5
contemplated under ... seeking evaluation of the workmen by
District Surgeon to ascertain the
disability?
2. I have heard the arguments of Sri. A
Ravishankar, learned Advocate appearing
matter
by filing detailed statement of objections contending
that there is no disability suffered by the workman and
income of Rs.4,000/- per month ... answered
the same by accepting the evidence of the doctor
namely, disability suffered by the workman is to an
extent of 45% and as such
capacity of the
workmen is in same proportion to the loss of
disability sustained by the claimants?
(2) Whether the Commissioner for
Workmen ... been examined on
behalf of the claimant, has opined that the disability
sustained by the workmen was to an extent of 25% and
15% respectively
when
:4:
the doctor himself has stated that particular limb
disability is to the extent of 30% and there being no
evidence on record ... consideration:
"(i) Whether the commissioner was justified in
accepting 30% disability as assessed by the
Doctor to the particular limb would be the
proportionate
