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2008 Supreme(Online)(KER) 45861

HIGH COURT OF KERALA
J.B.KOSHY, K.T.SANKARAN, JJ
SIVADASN – Appellant
Versus
JOHNSON – Respondent


J U D G M E N T

KOSHY,J.

Appellant claimant met with an accident on 20.1.1999 due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. He claimed a compensation of Rs.2,30,000/- limited to Rs.1,50,000/-. Tribunal awarded only Rs.33,500/- as compensation. Coverage of insurance was admitted. No appeal was filed by the Insurance company. Only quantum of compensation is disputed in this appeal.

2. Appellant is a carpenter by profession. According to him, he was getting Rs.6,000/- per month. He was working as head of the Carpentry natural shop Sheethal wood Industries, Kuthiathodu. Tribunal fixed Rs.4,000/- as the monthly income in the absence of any data. We see no ground to change the MFA.1344/02 2 assessment of monthly income by the tribunal. He was under treatment for four months and tribunal granted Rs.16,000/- towards loss of actual earning. We see no ground to interfere with the same. As far as the injuries are concerned, his left metacarpo phalangeal joint of finger was amputated apart from the abrasions over the lower limb. Tribunal did not award any compensation for disability. It is the contention of the petitioner that tribunal has gra

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