IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 624 of 2007()
1. NAIKKARI EELLATH ABDUL SATHAR,
... Petitioner
Vs
1. UNITED INDIA INSURANCE CO.LTD,
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :25/07/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
-------------------------------------
M.A.C.A.624 OF 2007
-------------------------------------
Dated 25th July, 2007
JUDGMENT
Koshy,J.
Appellant/petitioner met with a motor accident by
which he sustained severe injuries. Against a claim of
compensation of Rs.20,00,000/=, the Tribunal has awarded
Rs.5,88,262/=. Grievance of the appellant is that as per
Ext.A10 certificate, 80% disability was certified by PW2
doctor, but, Tribunal accepted only 50% as the whole body
disability. The appellant was employed in Gulf. If he was
having 80% disability, he cannot go back to work in Gulf.
However, it is stated that now he is employed in Gulf. Since
he is employed in Gulf and getting earnings, the Tribunal
would have been justified in not assessing the compensation on
a multiplier method. We are of the opinion that no
interference is required in the award at the instance of the
appellant.
The appeal is dismissed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks