IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 338 of 2003()
1. THE MANAGING DIRECTOR,
... Petitioner
Vs
1. SANTHOSH KUMAR.M. S/O.MANIKANTAN K.
... Respondent
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent :SRI.G.SUDHEER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :15/07/2008
O R D E R
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
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M.A.C.A. No. 338 of 2003
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Dated, this the 15th day of July, 2008
J U D G M E N T
Ramachandran Nair, J.
Heard learned counsel for the appellant and learned counsel
appearing for the Insurance Company.
2. Even though, the appellant is denying liability in toto on
the ground that the motor cycle rider with whom the claimant was
the pillion rider caused the accident, we do not think the finding of
the Tribunal on this part can be interfered because there is no
evidence to prove that the rider of the motor cycle was negligent.
Moreover, the appellant had also put up a case before the MACT
that the motor cycle while overtaking a car hit on the bus and
therefore the car driver was also involved and his negligent
contributed to the accident. However, no evidence is adduced to
support this contention. We, therefore, confirm the findings that
the accident was caused by the driver of the appellant.
3. So far as the award of compensation is concerned, we
find force in the contention of the appellant that there is hardly any
evidence based on which compensation could be awarded. Even
M.A.C.A.338/2003
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the claimant was not examined as a witness to prove his claim.
Moreover, without producing any disability certificate, the MACT has
awarded Rs.21,600/- under this head. Besides this, the claimant
was treated only as an out patient in the hospital, which shows that
he had no major injuries. Since Rs.6,000/- is granted for loss of
pay for three months and in the absence of any disability certificate,
we feel the award of compensation for permanent disability at 5%
without medical evidence is untenable. We, therefore, vacate the
award of compensation of Rs.21,600/- towards disability. The
balance compensation awarded will stand sustained.
The MACA is allowed to the above extent.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(V.K.MOHANAN, JUDGE)
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