BALAKRISHNAN Vs. K SIVADAS

JUDGEMENT

(1.) THIS petition is to condone the delay of 61 days in filing a M.A.C.A. We take a lenient view. Petition allowed. Delay condoned. M.A.C.A. No.727 of 2005: The claimant is the appellant. He - a Senior Manager of the Canara Bank, suffered personal injuries in a motor vehicle accident that took place on 5/9/97. There was total avulsion amputation of pulp of right great toe. He was an inpatient from 5/9/97 to 11/9/97. He allegedly suffered physical disability to the extent of 10%. He continued as an outpatient even after discharge. He had to avail leave for 52 days. The Tribunal, against a total claim of Rs.1,50,000/-, awarded an amount of Rs.53,250/- as per the details shown below:

(2.) WE have heard the learned counsel for the appellant/ claimant and the 3rd respondent/insurance company. The challenge is only against the quantum of compensation awarded. Called upon to specifically explain the nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant submits that the appellant limits the challenge to three specific grounds. The appellant was on leave for 52 days on account of the accident and the consequent treatment. He was drawing a monthly salary of Rs.16,531/- as per the salary certificate produced. The amount of compensation awarded under the head of loss of earning at Rs.10,000/- is, in these circumstances, insufficient and inadequate, contends the counsel.

(3.) THE learned counsel for the insurance company contends that the amount of compensation awarded under the head of permanent disability is reasonable considering the date of the accident.