LAWS(KER)-2012-3-574

MARTIN ANTONY Vs. M.K. NAJEEB

Decided On March 30, 2012
Martin Antony Appellant
V/S
M.K. Najeeb Respondents

JUDGEMENT

(1.) A technician in a private firm who sustained abrasion over chin and dorsum of left foot, swelling and tenderness over left elbow, lacerated wound over the TA tendon on the left side, small wound over the dorsum of left foot, fracture radial head (L) and comminuted fracture olecranon complains that the learned Tribunal did not award him adequate compensation for the injuries he had suffered. As against his claim of Rs. 3 lakhs, the learned Tribunal awarded him only Rs. 36,000/ - . The ground raised by the appellant is that the compensation awarded by the Tribunal under various heads is grossly inadequate. The prominent ground raised is that the Tribunal erred in not awarding to the appellant any disability compensation notwithstanding Ext.A8 Disability Certificate which shows that the Medical Board has assessed the permanent -partial disability suffered by the appellant on account of the injuries is 10%.

(2.) WE have heard the submissions of Sri. A.N. Santhosh, the Learned Counsel for the appellant and also those of Sri. Rajesh Thomas the learned Standing Counsel for the Insurance Company.

(3.) SRI .Rajesh would support the impugned award. According to him, there is no warrant for any interference as the learned Tribunal has awarded reasonable compensation to the appellant.