The appellant sustained injuries in a motor accident. Respondents 1 to 3 in O.P.(M.V.) were the owner, driver and insurer respectively. The Tribunal accepted the appellant's case that the accident was due to the negligence of the second respondent and he is entitled to compensation. It fixed the compensation at Rs.29,000/-. The third respondent-insurer was directed to pay the amount. The appellant is not satisfied with the amount. Hence the appeal. 2. The main ground of appeal is that the amount awarded under the head disability is not at all just and proper. The injuries sustained by the appellant were fracture of the left 5th meta carpel, deep lacerated and extensive abrasions of the left arm including the left forearm, extensive abrasions of the left hand, lacerated wound of the ulnar boarder of the left hand with injury to M.A.C.A.No.39 of 2013
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hypothenar muscles. Medical Board of the District Hospital, Kollam issued a certificate to the effect that the appellant has the disability of 16%. The learned Tribunal refused to act upon it, but awarded Rs.10,000/- towards disability.
3. Having regard to the nature of the injuries, the percentage of disability assessed by the Medical Board does not appear to be proper. I think the Tribunal should constitute a Board of its own to get the disability (whole body) assessed. On the Board, there should be an orthopaedic surgeon and a neurologist. Compensation should be awarded on the basis of functional disability. So the case has to be remanded for fresh disposal.
In the result, this appeal is allowed. The award of the Tribunal is set aside. The matter is remanded. The Tribunal shall dispose of the matter complying with the directions given above.
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K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/