IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ELSY – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LIMITED – Respondent
JUDGMENT
The claimant in O.P.(MV) No.2506 of 2013 before the Motor Accidents Claims Tribunal, Thrissur, has instituted this appeal seeking to challenge the findings in the award dated 04.02.2020.
2. Heard Sri.C.Harikumar, the learned counsel for the appellant, as well as Sri.A.R.George, the learned Standing Counsel for the Insurance Company.
3. The issue arising for consideration in this appeal is as regards the findings in paragraph 12 of the award with reference to the observations made by the Tribunal on the acceptability or otherwise of Ext.A13 disability certificate. It is not in dispute that the disability certificate had assessed the permanent physical disability of the claimant at 15%. True, the afore certificate is issued by an individual doctor, who was not examined before the Tribunal, and the certificate was marked subject to proof. On the afore basis, the Tribunal found that no reliance whatsoever can be placed on the certificate at Ext.A13. It is the finding to that effect and the ultimate award of an amount of Rs.1,00,000/- towards continuing permanent disability, which is being challenged in this appeal.
4. The learned counsel, Sri.Harikumar, would place reliance on th
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