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2020 Supreme(Ker) 510

Soman S/o. Chindan – Appellant
Versus
Jinesh James S/o. James – Respondent


Advocates Appeared:
For the Appellant : Sri. Mathew Kuriakose.
For the Respondent: Sri. Mathews Jacob (SR.), Sri. P. Jacob Mathew.

JUDGMENT :

The appellant was travelling in an autorickshaw on 31.12.2010 when a car driven rashly and negligently by the 1st respondent hit against the autorickshaw. The appellant sustained serious injuries, resulting in amputation based on which disability was assessed at 51% by Exhibit C1 certificate issued by the Medical Board. It is also submitted by the learned Counsel for the appellant that the amputation was made above knee, evidenced by Exhibit A9 certificate issued by the doctor in the Medical College Hospital. Negligence was found on the driver of the car and the car is covered by a valid Insurance policy. There is no allegation of violation of policy conditions. The appeal is only for enhancement of compensation.

2. The learned Counsel for the appellant submits that since amputation above knee has been made, the appellant should have been assessed with more disability than what has been certified. It is also contended that the income adopted by the Tribunal is very low, at Rs.3000/-. The learned Counsel would also submit that the appellant had suffered hospitalisation

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