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Judgment
The above appeal is filed by the Transport Corporation questioning the quantum fixed by the Tribunal.
In the present case, the Tribunal without applying its mind accepted the Doctor''s certificate, who gave the disability certificate, which is marked
as Ex. P7 stating that the claimant has sustained 25% of permanent disability. Such certificate is given by P.W. 2 after three years from the date of
accident. The claimant sustained only simple injury namely scratches on the body. The claimant was not even admitted in the hospital. He took
treatment only as an out-patient from 10.12.1995 to 15.12.1995. We are unable to understand as to how the Tribunal has awarded a sum of Rs.
12,500/- as if the claimant has sustained certain disability and thereby he lost his capacity to earn his income.
The Tribunal also awarded a sum of Rs. 4,000/- towards pain and suffering, which is also on the higher side, taking into consideration of the
nature of injury. The Tribunal also wrongly awarded another Rs. 2,000/- towards loss of income during the treatment period. These amounts have
been awarded for mere asking and not related to the injuries sustained by the claimant. Both the Tribunals has not applied its mind while awarding
compensation on the basis of the nature of injuries as mentioned in Ex. P3. Even for the simple injury, namely, scratches on the body, the Doctor
gave a certificate as if the claimant has sustained permanent disability, which unfortunately was also accepted by the Tribunal. The compensation
fixed by the Tribunal duly establishes the non-application of mind. Though, we are inclined to fix the compensation of only Rs. 5,000/-, it is not
stated that the claimant was permitted to withdraw 50% of the amount with accrued interest pursuant to the interim order dated 15.3.2000, we set
aside the award passed by Tribunal to the extent of 50% of the compensation fixed by the Tribunal and the Corporation is entitled to withdraw the
balance amount with accrued interest.
With the above observation, the appeal is allowed in part. No costs.