High Court Kerala High Court

The Managing Director vs Santhosh Kumar.M. on 15 July, 2008

Kerala High Court
The Managing Director vs Santhosh Kumar.M. on 15 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 338 of 2003()


1. THE MANAGING DIRECTOR,
                      ...  Petitioner

                        Vs



1. SANTHOSH KUMAR.M. S/O.MANIKANTAN K.
                       ...       Respondent

                For Petitioner  :SRI.SUBHASH CYRIAC

                For Respondent  :SRI.G.SUDHEER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :15/07/2008

 O R D E R
        C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
                        -------------------------
                     M.A.C.A. No. 338 of 2003
                    ---------------------------------
               Dated, this the 15th day of July, 2008

                           J U D G M E N T

Ramachandran Nair, J.

Heard learned counsel for the appellant and learned counsel

appearing for the Insurance Company.

2. Even though, the appellant is denying liability in toto on

the ground that the motor cycle rider with whom the claimant was

the pillion rider caused the accident, we do not think the finding of

the Tribunal on this part can be interfered because there is no

evidence to prove that the rider of the motor cycle was negligent.

Moreover, the appellant had also put up a case before the MACT

that the motor cycle while overtaking a car hit on the bus and

therefore the car driver was also involved and his negligent

contributed to the accident. However, no evidence is adduced to

support this contention. We, therefore, confirm the findings that

the accident was caused by the driver of the appellant.

3. So far as the award of compensation is concerned, we

find force in the contention of the appellant that there is hardly any

evidence based on which compensation could be awarded. Even

M.A.C.A.338/2003
-2-

the claimant was not examined as a witness to prove his claim.

Moreover, without producing any disability certificate, the MACT has

awarded Rs.21,600/- under this head. Besides this, the claimant

was treated only as an out patient in the hospital, which shows that

he had no major injuries. Since Rs.6,000/- is granted for loss of

pay for three months and in the absence of any disability certificate,

we feel the award of compensation for permanent disability at 5%

without medical evidence is untenable. We, therefore, vacate the

award of compensation of Rs.21,600/- towards disability. The

balance compensation awarded will stand sustained.

The MACA is allowed to the above extent.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(V.K.MOHANAN, JUDGE)

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