LAWS(KER)-2013-6-69

BHAKTAVALSALAN NAIR Vs. SUMESH

Decided On June 11, 2013
Bhaktavalsalan Nair Appellant
V/S
SUMESH Respondents

JUDGEMENT

(1.) THE appellant suffered the following injuries in a motor accident caused by the negligent driving of a vehicle owned and driven by respondents 1 and 2 and insured with the 3rd respondent:

(2.) ACCORDING to the appellant, the appellant suffered very serious injuries and as a result, his hearing was impaired. Although he did not produce any disability certificate before the Tribunal, he obtained two certificates of disability from T.D. Medical College, Alappuzha, which he has produced along with I.A.No. 1808/2009 in this appeal. According to the appellant, the medical board had issued two certificates, one showing 20% disability to his knees and 20% disability on account of hearing loss. The appellant submits that he is entitled to compensation for loss of earning capacity, which the Tribunal has not awarded. He further submits that compensation for loss of earning and loss of amenities is also on the lower side. He seeks enhancement under all the heads.

(3.) WE have considered the rival contentions in detail.