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KHALEEL, S/O/KHALID, AINIKKAL HOUSE versus T.M.KHALIB, THOOPPIL

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KHALEEL, S/O/KHALID, AINIKKAL HOUSE v. T.M.KHALIB, THOOPPIL - MACA No. 635 of 2006 [2007] RD-KL 15636 (14 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 635 of 2006()

1. KHALEEL, S/O/KHALID, AINIKKAL HOUSE,
... Petitioner

Vs

1. T.M.KHALIB, THOOPPIL,
... Respondent

2. PRADEEP, S/O.VASU, VADASSERY HOUSE,

3. THE ORIENTAL INSURANCE CO.LTD.,

For Petitioner :SRI.PHILIP T.VARGHESE

For Respondent :SRI.VPK.PANICKER

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice V.GIRI

Dated :14/08/2007

O R D E R

J.B.KOSHY & V.GIRI, JJ.

M.A.C.A.635 OF 2006 Dated 14th August, 2007

JUDGMENT

Koshy,J.

An 18 year old student met with a motor accident by which he sustained abrasion upper lip right, temporal linear fracture with diffuse cerebral oedema, temporal haematoma, black eye and cerebral contusion with subdural haematoma. Ext.A8 certificate was issued by the doctor assessing 12% disability. The Tribunal did not rely on the above certificate and found that the appellant has no permanent disability. He was seen by the Tribunal and Tribunal was of the opinion that Ext.A8 certificate only describes the condition of the claimant in 2002. But, Rs.10,000/= was awarded for future discomfort experienced by the claimant. Rs.8,000/= was awarded for loss of amenities and total compensation awarded was Rs.49,250/=. Considering the nature of injuries, we are of the view that just and reasonable compensation was awarded and no further enhancement is required. The appeal is dismissed. J.B.KOSHY

JUDGE

V.GIRI

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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