LAWS(KER)-2014-11-17

VISHNU RAJ Vs. VIRAJ

Decided On November 10, 2014
VISHNU RAJ Appellant
V/S
Viraj Respondents

JUDGEMENT

(1.) THIS appeal is filed by the claimant aggrieved by the lesser amount of compensation granted. As against the total claim of Rs. 1,75,000/ - the Tribunal has granted an amount of Rs. 1,04,100/ -.

(2.) THE learned counsel for the appellant invited our attention to two aspects - first one is that the disability has not been assessed properly by the Tribunal. Ext. A11 disability certificate issued by the Medical College Hospital, Alappuzha that too by the Medical Board shows that 12% is the disability sustained by the appellant. But the Tribunal has lessened it to 9%.

(3.) THE learned counsel for the appellant cited the judgment of the Apex Court in Sanjay Kumar v. Asok Kumar & Anr. [ : 2014 5 SCC 330] wherein the heads of damages to be awarded in personal injury matters have been explained.