Evidently, there is no dispute about the nature of incident or also the cause of injuries. As can be seen from the evidence on record, which was accepted by the lower Tribunal, there was said to be grievous injury to left patella and also left thigh and petitioner is said to have been admitted in C.D.R. Hospital on 19.05.2000 and he is said to have been discharged on 06.09.2000. He is also said to have been re-admitted on 20.12.2000 and discharged on 06.06.2001. He was said to be under continuous treatment and PW.2 has opined that there is 50% disability due to the injuries. The lower Tribunal did not accept the claim of the appellant for the medical expenses and also did not grant any compensation separately for disability, which is opined by PW.2. The lower Tribunal has taken the view that the reimbursement was under a scheme and there is nothing to show that the petitioner has paid the entire amount and consequently taking into consideration the above facts granted a sum of Rs.45,000/- as there was continuous treatment. But, however, the fact remains that there is no evidence adduced by the Insurance Company towards that the entire amount on medical expenses claimed by the hospital was reimbursed. Furthermore, the lower Tribunal also did not doubt the genuineness of the injury of the disability suffered by him. The lower Tribunal has granted a sum of Rs.45,000/- towards medical expenses and considered the loss of earning and granted Rs.30,000/- towards loss of earnings and granted Rs.30,000/- towards pain and suffering, totaling to a sum of Rs.1,05,000/-.
