- (1.) This appeal is directed against the award dated 21.2.2011 passed by Motor Accident Claims Tribunal (Tribunal for short), Panipat, whereby the appellant had been awarded a compensation of Rs.1,24,200/- for the injuries received by him in the motor vehicle accident on 15.3.2008.
(2.) Learned counsel for the appellant argued that the Tribunal did not appreciate the fact that it was proved on record that the appellant had suffered permanent disability to the extent of 15% and awarded only an amount of Rs.15,000/- for the disability.
(3.) Learned counsel for respondent No.3, however, argued that as per medical evidence, the injured had only a fracture and it was clear from the statement of medical officer concerned that five percent of the disability was temporary while ten per cent was permanent, which could be reduced with the passage of time. In this regard, he referred the cross examination of Dr. Ram Phal (PW2). It may be pointed out that learned counsel for respondent No.3 misread the cross examination because it was a suggestion put to the doctor that the disability termed by him as 'permanent' could reduce with the passage of time but the suggestion was denied. The contention on behalf of respondent No.3 that the injured had suffered only a fracture and improvement was bound to be there with the passage of time, is devoid of merit because the doctor categorically stated that there was malunion of the bone which resulted in the disability. It is, therefore, found appropriate that some enhancement towards disability is given, which was permanent to the extent of ten per cent. The amount of Rs.15,000/- already awarded is enhanced to Rs.25,000/-.;