IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 109 of 2004()
1. MERCY THOMAS, PAREKKATTIL HOUSE,
... Petitioner
Vs
1. SAMUEL THOMAS, PAREKKATTIL HOUSE,
... Respondent
2. NATIONAL INSURANCE CO/LTD.,
For Petitioner :SMT.MINI ELIZABETH GEORGE
For Respondent :SRI.JOE KALLIATH
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :29/07/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
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M.A.C.A. No. 109 of 2004
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Dated this the 29th day of July, 2008
Judgment
Koshy,J.
Appellant/Claimant sustained injuries in a motor
accident. The tribunal granted a total amount of Rs.28,500/- as
compensation with interest at 9% from the date application. The
claim petition was filed in 1996 and award was passed in 2003.
Petitioner produced a certificate assessing 4% disability and also
claimed that she was a tailor, but, no evidence was produced to
show that she was a tailor and there was any loss of earning
capacity. However, the tribunal has taken into account the
difficulties caused by her in the accident. Wound certificate shows
that there was fracture in the occipital bone with loss of six teeth.
There was no brain damage as per the scan report. We are of the
opinion that the amount awarded by the tribunal is just and
reasonable and hence no interference is required and the appeal is
dismissed.
J.B.Koshy
Judge
P.N.Ravindran
Judge
vaa
W.A.No. /2002 2
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.
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M.A.C.A. No.109 of 2004
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Judgment
Dated:29th July, 2008