IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2109 of 2006()
1. N.C.RAJ, AGED 33 YEARS,
... Petitioner
Vs
1. PRASANTHAN, AMBALATHARA,
... Respondent
2. NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.ABRAHAM VAKKANAL (SR.)
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :22/09/2008
O R D E R
J. B. KOSHY &
K. P. BALACHANDRAN, JJ.
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M. A. C. A No.2109 of 2006
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Dated this the 22nd day of September, 2008
JUDGMENT
Koshy, J
Appellant/claimant sustained injuries in
a motor accident on 29/08/1999. Tribunal
awarded a total compensation of Rs.1,51,000/-
with interest. This appeal is filed for
enhancement of compensation. It is the case of
the petitioner that he sustained injuries at
the age of 26. He was employed in Indian Navy
as a petty officer. Because of the accident,
he was categorised in the low medical
category. But he continued in the Indian Navy
till the end of the contract period that is
for about nine years after the accident. He was
continuing to get the income. But according to
him, because of the injuries, his contract was
M. A. C. A No.2109 of 2006 -2-
not renewed. It was further contended that his
disability was subsequently assessed by the
Medical Board and he produced various
documents as Annexure-A1 to A17. These
documents have to be proved before the
Tribunal. The effect of the documents has also
to be considered by the Tribunal as on the
production of documents which are not proved,
we cannot enhance compensation. In this
circumstance, we remand the matter to the
Tribunal. Both parties are allowed to adduce
further evidence on the subject. Parties may
appear before the Tribunal on 17/11/2008. In
the meanwhile, since the appeal is filed only
for enhancement of compensation, the entire
deposited amount be disbursed to the claimant.
This appeal is allowed by way of remand. The
M. A. C. A No.2109 of 2006 -3-
Registry is directed to forward all documents
filed before this Court to the Tribunal as
expeditiously as possible.
J. B. KOSHY
JUDGE
K.P.BALACHANDRAN,
JUDGE
kns/-