UNNIKRISHNAN Vs. JINTO
LAWS(KER)-2017-12-226
HIGH COURT OF KERALA
Decided on December 01,2017

UNNIKRISHNAN Appellant
VERSUS
Jinto Respondents

JUDGEMENT

C K Abdul Rehim, J. - (1.) Claimant in O.P.(M.V.)No.889/2011 on the files of the Motor Accidents Claims Tribunal, Thrissur is the appellant herein, challenging the award to the extent that the quantum of compensation ordered is insufficient, inadequate and disproportionate.
(2.) The accident occurred on 20.01.2011 when another motorcycle hit against the motorcycle on which the appellant was riding. He sustained, depressed fracture of left parietal bone, fracture of left clavicle, fracture of left 4th, 5th and 6th ribs, subdural haematoma and epidural haematoma on the parietal region and fracture of left frontal bone and floor of anterior cranial bone, fracture medial wall of orbits on both sides etc. He continued treatment as inpatient till 5.2.2011 and thereafter continued treatment as outpatient for a considerable period. The injury sustained to the appellant had resulted in partial permanent disability, the extent of which was assessed in Exts.A11 and A12 certificates as 13% and 14.5%, respectively. The Tribunal awarded a total compensation of Rs.3,80,200/- along with interest and costs.
(3.) Contention of the appellant is that, the Tribunal had adopted only an income of Rs.7,000/- per month for computing compensation under the heads of loss of earnings and permanent disability, despite proof adduce to the effect that he was employed abroad and was earning a monthly salary of 3550 UAE Dirhams. It is further contended that, without any basis the Tribunal had reduced the extent of disability to 10%. It is also contended that the amounts awarded under other heads are on the lower side.;


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