JUDGEMENT
B.SREENIVASE GOWDA,J. -
(1.)THIS appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal. Though the matter is listed in the orders list, with the consent of learned Counsel appearing for the parties it is taken up for final disposal.
(2.)AS there is no dispute regarding injuries sustained by the claimant in a road traffic accident occurred on 04.02.2008 due to rash and negligent driving of offending KSRTC bus bearing No. KA -18 -F -0206 by its driver and liability of the KSRTC, the only point that arises for my consideration in the appeal is: Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned counsel appearing for the parties and perusing the judgment and award, I am of the view, the quantum of compensation awarded by the Tribunal is on the lower side, therefore deserves to be enhanced.
(3.)AS per Ex. P15 - wound certificate the claimant has sustained fracture of right radius, which is grievous in nature and four simple injuries. They are also supported by the oral evidence of the claimant and doctor examined as PWs 5 and 18 respectively. PW 18 Dr. K.P. Hebbar, an Orthopedic Surgeon, J.C. Hospital, Arasikere, Ms stated in his evidence that claimant has suffered 12 to 16% permanent disability to the upper limb and the fracture is united.
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