IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 632 of 2002()
1. ANISH, S/O. ANTONY, AGED 23,
... Petitioner
Vs
1. P.K. SUNNY, PULILCKAL HOUSE,
... Respondent
2. THE NEW INDIA ASSURANACE CO.LTD.,
For Petitioner :SRI.K.JAJU BABU
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :28/05/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.No.632 OF 2002
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Dated 28th May, 2007
JUDGMENT
Koshy,J
.
An eighteen year old youngster met with an accident
by which he sustained bleeding injuries to the head. The wound
certificate dated 14.5.1996 shows that it is a suspected head
injury and referred to Medical College Hospital. He claimed a
compensation of Rs.2,00,000/=. According to him, he had
hearing impairment due to the accident. A disability
certificate was produced which only shows that there is visual
disability to the extent of 20%. In the claim petition he had
no case that visual capacity was affected. The claim was filed
after seven months and in the disability certificate it is not
stated that the above visual disability of 20% in one eye is
the result of any motor accident. the Tribunal awarded a total
compensation of Rs.27,400/=. In the absence of any materials
to show that disability was due to the accident, no
compensation was awarded for permanent disability. Tribunal
also directed the insurance company to deposit the compensation
and recover it from the insured i.e., the owner of the
vehicle, as the driver had no driving licence. Considering the
nature of injuries, we are of the view that just and
reasonable compensation was awarded. There is no evidence
MFA.632/2002 2
to show that 20% visual disability was caused due to the
accident and, therefore, we are of the view that the
Tribunal was justified in not granting any compensation for
the permanent disability. Considering the total amount
awarded etc., we are of the view that no interference is
required in the award.
The appeal is dismissed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks