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2008 Supreme(Ker) 473

C.N.RAMACHANDRAN NAIR, V.K.MOHANAN
Siby Paul, S/o. Paul – Appellant
Versus
Praveen Kumar G. N. , Seetha Bhavan – Respondent


Advocates Appeared:For the Petitioner:Johnson Manayani, Advocate. For The Respondents:Lal George, Advocate.

Judgment :-

Ramachandran Nair, J.

Appeal is filed for enhancement of compensation awarded by the MACT for the injury sustained by the appellant in a motor accident. The appellant while riding a two wheeler was knocked out by a tempo van coming in the opposite direction. The MACT held that the accident was caused on account of the negligence of the driver of the van and the insurer has to pay the compensation. Aggrieved by the amount of compensation, the appellant has filed this appeal for enhancement of the same.

2. We have heard counsel appearing for the appellant and the Standing Counsel appearing for the insurance company.

3. The appellant admittedly suffered fracture of the right leg and head injury which has resulted in minor loss of vision. He was in the hospital for a total period of little over three months in three spells for surgery, removal of fixtures in the bone for eye treatment etc. The main grievance of the appellant is that his income fixed at Rs.1,500/-per month is very low and the same lead to award of low amount of compensation. Counsel for the insurance company however submitted that there is no proof that the appellant is disabled on account of the accident and



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