The appellant sustained injuries in an accident. He was knocked down by a motor cycle, the rider of which was the 2nd respondent. The first and third respondents were the owner and the insurer respectively.
2. The allegation that the accident was the result of the negligent riding of the motor cycle by the 2nd respondent was accepted by the Tribunal and it fixed the compensation at `43,100/-; but it found that there was contributory negligence on the part of the appellant. So, it directed payment of only 80% of `43,100/-. The 3rd respondent was directed to make payment. The appellant is not satisfied with the amount. Hence, the appeal.
3. Heard.
4. It is seen from the award that though no evidence was adduced by the appellant to prove that he had permanent M.A.C.A. No.1482 of 2011 -: 2 :-
disability, the Tribunal entered a finding that he is entitled to compensation under the head permanent disability. The amount awarded under this head is `23,040/-. This cannot be sustained.
5. Learned counsel for the appellant has filed an application to get himself examined by a medical board. I think the request is reasonable. The matter will be sent back to the Tribunal.
In the result, this appeal is allowed. The award is set aside. The matter is remanded. The appellant should take steps to get himself examined by a medical board to be constituted by the Tribunal. The Tribunal shall re-appreciate the evidence and come to its own conclusion with regard to every aspect. The parties shall appear in the Tribunal on 20.12.2014.
Sd/-
K. ABRAHAM MATHEW, JUDGE.
//True copy// Jvt P.A. To Judge