According to the appellant, during the accident, he sustained grievous injuries and fracture and during the treatment, S.S.G and V.Nailing was done. Ex.P16 Disability Certificate, issued by Dr.R.R.Thiagarajan was also produced, wherein the Doctor has assessed the total disability suffered by the appellant/ claimant as 85%. The above said Dr.R.R.Thiagarajan was examined as PW5 and he deposed that the claimant sustained fracture of both bones of left leg, below the knee in which rod was fixed and still it is inside and the above said bones were malunited and due to the fibrous the petitioner can fold his right knee only upto 80 degree and also there is no movement in the left knee and for the same, he is walking only along with stock and therefore, he assessed the disablement at 45%. He further deposed that the fractured bones of left leg and the fingers of left hand were bent and as such, he assessed the disablement at 40%. During the examination, PW5 stated that x-ray was taken for assessing the disability. However, since the x-ray was not produced, the Tribunal has assessed the disability suffered by the claimant as 55%. According to the appellant/ the above said reason stated by the Tribunal is wrong.
