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2015 Supreme(Online)(KER) 32410

HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, P.V.ASHA, JJ
R RATHEESH – Appellant
Versus
MRS KULSAN BEEVI SULEKHA – Respondent


JUDGMENT

Asha, J.

The appellant met with an accident on 14.07.2003 while he was travelling in a maruthi car which was hit by a mini bus which came in the opposite direction. On account of the accident, the appellant's right kidney and pancreas were extensively damaged.

2. The claim petition was filed before the Tribunal seeking compensation to the tune of `12 lakhs. The Tribunal awarded a sum of `57,100/-.

3. This appeal is filed seeking enhancement of compensation. At the same time it is pointed out that the disability certificate issued by the Medical Board certified the disability of the appellant as 0% despite removal of one of his kidneys. The learned counsel for the appellant points out that the assessment of the Medical Board cannot be correct. It is also pointed out that certain other medical boards are assessing disability in cases of nephrectomy as 25% and above and this Court has also considered MACA No.193/2010 2 similar cases in the appeals preferred by the Insurance Company against the disability found as well as the compensation awarded towards loss of kidney in the motor vehicle accidents.

4. The appellant was aged only 21 years old at the time of the accident and he was

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