Vipeesh vs Jaison on 13 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 687 of 2001(B)



1. VIPEESH
                      ...  Petitioner

                        Vs

1. JAISON
                       ...       Respondent

                For Petitioner  :SRI.T.N.MANOJ

                For Respondent  :SRI.MATHEWS JACOB(SR),SC INSURANCE(B/O)

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :13/08/2008

 O R D E R
                          J. B. KOSHY &
                K. P. BALACHANDRAN, JJ.
               ------------------------------------------------
                       M. F. A. No.687 of 2001
               ------------------------------------------------
               Dated this the 13th day of August, 2008

                             JUDGMENT

J. B. Koshy, J

The appellant/claimant sustained injuries

at the age of 8 due to a motor accident. The

Tribunal awarded a compensation of Rs.12,000/-

with 12% interest from the date of application

i.e. from 14/08/95 till the date of deposit.

The award was passed on the 26th day of August,

2000. The major contention raised in this

appeal is that no amount was awarded for

permanent disability and there was permanent

disability apart from multiple abrasion on the

forehead. There was no fracture. But there

was contusion of the right forehead and the

M. F. A. No.687 of 2001 -2-

contention of the appellant was that his

memory power was lost due to the accident.

Therefore, we directed the Superintendent,

Medical College Hospital, Thrissur to

constitute a Medical Board consisting of a

Specialist in Neurology as well as

Psychiatrist for examining the appellant/

claimant in detail. Accordingly, a Medical

Board was constituted and the Medical Board

certified that neurological examination

revealed, normal sensorium, normal cranial

nerve functioning and no focal neurological

deficits. Mental status shows that he has

conscious, oriented, in touch with

surroundings, co-operative well dressed and

groomed, with apathetic mood. No delusions or

M. F. A. No.687 of 2001 -3-

hallucinations could be elicited. There was

normal memory and judgement with mild deficits

in arithmetic ability and I.Q was 88%. The

Medical Board also certified that there is no

evidence found to state that difficulties are

consequences of the injuries sustained in the

accident.

In the circumstances, there is no merit

in the appeal and the appeal is dismissed

accordingly.

J. B. KOSHY
JUDGE

K.P.BALACHANDRAN,
JUDGE
kns/-