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2015 Supreme(Online)(KER) 34338

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
MUHAMMED – Appellant
Versus
NATIONAL INSURANCE CO. LTD – Respondent


Advocates:
SMT.K.V.RESHMI, SMT.DEEPA GEORGE, SRI.M.A.GEORGE

JUDGMENT

The claimant in a petition for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the quantum of compensation granted by the Tribunal.

2. The claimant is a coolie. The accident took place on 10.11.2003. The claimant was aged 40 years at the time of accident. A sum of Rs.60,000/- was claimed in the petition by way of compensation. The Tribunal, on an appraisal of the materials on record, found that the claimant is entitled to only a sum of Rs.8,500/- and accordingly, an award was passed for the said amount. As the vehicle involved in the accident was covered by a valid insurance policy at the time of accident, the insurer was directed to satisfy the award. The claimant is aggrieved by the said award.

3. Heard the learned counsel for the claimant and the learned counsel for the insurer.

4. Ext.A2 is the wound certificate of the claimant.

The Tribunal found that the claimant sustained fracture of lateral malleolus. The Tribunal also found that as part of the treatment, below knee cast was applied on the claimant. Towards loss of earnings, it is seen that the Tribunal has granted only sum of Rs.3,000/- to the claimant. Since below knee c

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