IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 1123 of 2007()
1. T.K.GANGADHARAN, AGED 58 YEARS,
... Petitioner
Vs
1. THE MANAGING DIRECTOR,
... Respondent
2. T.VELAYUDHAN, AGED NOT KNOWN,
3. THE NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :25/07/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
-------------------------------------
M.A.C.A.1123 OF 2007
-------------------------------------
Dated 25th July, 2007
JUDGMENT
Koshy,J.
Appellant/claimant at the age of 54 alleged to have met with a motor
accident. According to him, he was a passenger in the bus. He did not produce any
accident-cum-wound certificate. Therefore, we are unable to find out whether he
was admitted in the hospital and what was the reason for the injuries caused to him.
According to the Tribunal, injuries can be caused due to a fall also. Even the X-ray
produced shows that there is no fracture. Even though claimant was admitted in the
hospital, F.I.R is seen lodged after six days of the accident. Insurance Company
was impleaded belatedly. They were also not able to find out whether the accident
occurred or not. Since there was no fracture, the disability certificate produced was
also not accepted. However, considering the hospitalization and medical treatment,
a total compensation of Rs.13,500/= was awarded. We are of the opinion that no
interference is required in the award at the instance of the claimant.
The appeal is dismissed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks