Sudeesh vs Rasheed on 23 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1839 of 2007()


1. SUDEESH, S/O. BHASKARAN,
                      ...  Petitioner

                        Vs



1. RASHEED, S/O. KOYA,
                       ...       Respondent

2. SHANAVAS, S/O. MOIDU,

3. UNITED INDIA INSURANCE CO. LTD.,

                For Petitioner  :SRI.P.V.CHANDRA MOHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice A.K.BASHEER

 Dated :23/10/2007

 O R D E R
      K.S.RADHAKRISHNAN & A.K.BASHEER, JJ
                       -------------------
                    M.A.C.A. 1839/2007
                       --------------------
          Dated this the 23rd day of October, 2007

                       JUDGMENT

Claimant is the appellant. Accident is not

disputed. So also the Insurance coverage. Only question

that is to be decided is whether the compensation amount

awarded is just and proper. Learned counsel appearing

for the claimant submitted that though Ext.A8 disability

certificate was produced showing 17% of disability, it was

not accepted by the Tribunal and disability was taken as

6%. Counsel submitted that there is no justification in not

accepting the certificate.

2. We find no error in the finding of the Tribunal,

especially when Ext.A8 has not been proved by examining

the Doctor. Further the claimant has also not adduced any

oral evidence. There is no merit in this appeal and the

same is dismissed.

K.S.RADHAKRISHNAN
Judge

A.K.BASHEER
Judge

mrcs