7. The appellant was working as a clerk in a private
company. Due to the road accident, he has suffered a closed
fracture in both legs in the right leg and he was admitted in a
private hospital for nearly 2 ½ months and also undergone a
surgery. In the doctor's opinion, the appellant has suffered
partial permanent disability of 35%. The learned counsel
appearing for appellant would submit that due to the impact of
injury sustained by the appellant, he is not able to walk
properly and also not able to discharge his duties as before the
accident. But, on considering the report, it could be seen that
it is only a closed fracture in both bones and after the
accident, he is continuing to discharge his duties. Hence, it
cannot be stated that there is a loss of future income to the
appellant. However, considering the nature of injury sustained by
the appellant, a sum of Rs.4000/- can be granted for each
percentage of disability. Considering the evidence of P.W.2 and
other medical evidence, wherein the disability is fixed at 35%,
which was not seriously challenged by the respondents. Hence, the
Tribunal ought not to have fixed the disability at 15% without
any reason whatsoever. In the said circumstances, this Court is
of the view that the disability assessed by the doctor can be
relied upon and a sum of Rs.4000/- can be fixed for per
percentage, which comes to Rs.1,40,000/- instead of Rs.45,000/-
awarded by the Tribunal. That apart, towards pain and suffering,
a sum of Rs.25,000/- is granted instead of Rs.20,000/-, towards
extra nourishment a sum of Rs.25,000/- is granted instead of
Rs.10,000/-, towards medical expenses, a sum of Rs.9,000/- is
granted instead of Rs.8,480/-, towards attender charges, a sum
