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2022 Supreme(Online)(KER) 20866

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
JUSTIN JOSE – Appellant
Versus
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. – Respondent


Advocates:
SRI.P.V.BABY, SRI.A.N.SANTHOSH, SRI.P.MATHEW JACOB, SRI.JACOB MATHEWS SR.

JUDGMENT

The claimant before the Motor Accidents Claims Tribunal, Irinjalakkuda, in OP(MV) No.264/2013 is the appellant herein. He sustained serious injuries in an accident which occurred on 02.02.2013, when his motor cycle collided with a car. He assails the Award dated 25.10.2016, essentially on the inadequacy of the compensation granted by the Tribunal.

2. Heard Sri.A.N.Santhosh, learned counsel for the appellant and Sri.Mathews Jacob, learned senior counsel for the

3rd respondent Insurance Company.

3. Perused the records.

4. Learned counsel for the appellant submitted that the appellant/injured, aged 29 years, was employed in Apollo tyres when the accident took place. Both bones of his right leg were fractured. A disability certificate was issued vide Ext.A8, certifying 10.62% disability. However, the same was reduced by the Tribunal to 6%, merely stating that the disability fixed by the doctor is on the higher side, which course is not open to the Tribunal according to the learned Counsel. Another contention raised by the learned Counsel is that as per Ext.A12 salary certificate, the loss of salary sustained by the injured, pursuant to the accident, is Rs.99,043/-. However, the Tr

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