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2011 Supreme(Ker) 768

R.BASANT, M.C.HARI RANI
Sundaran @ Sudhan – Appellant
Versus
Shaju – Respondent


Appearing Advocates:
For the Petitioner:P.V. Chandra Mohan, Advocate.
For the Respondents: ----------

Judgment :-

R. BASANT, J.

1. Can the course adopted by a claimant of merely thrusting the disability certificate into court be reckoned as sufficient to prove the disability suffered or extent thereof ? This is the short question that arises for consideration in this appeal.

2. The appellant/claimant suffered injuries in a motor accident, which took place on 01.04.2001. He claimant a total amount of Rs. 2.24,500/- as compensation. The Tribunal by the impugned award directed payment of an amount of Rs. 42,000/- as compensation as per the details given below:

Amount

Basis vital details

SI. No. 1 Loss of earning (Total) Rs. 6250 2500X2.5 2 Loss of earning (partial) 3 Medical and Miscellaneous expenses Rs.13,725/- 4 Future treatment 5 Bystander Expenses Rs.1,500/- 6 Transportation Expenses Rs.500/- 7 Extra Nourishment Rs.1,500/- 8 Damages to clothing, etc Rs.500/- 9 Pain and suffering Rs. 6,000/- Head of claim in a nut shell Awarded (in Rupees)

10 Disability Loss of earning power Injury itself discomfort Rs.6,000 Total Limited to Rs.41,975/-


3. We have heard the learned counsel for the appellant: Challenge is directed only against the quantum of compensation












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