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N.C.Raj vs Prasanthan on 22 September, 2008

Kerala High Court
N.C.Raj vs Prasanthan on 22 September, 2008
       

  

  

 
 
  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.
            ------------------------------------------------
                 M. A. C. A No.2109 of 2006
            ------------------------------------------------
           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/-

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