P.A. SAGEER Vs. K.A. HASSAN

JUDGEMENT

(1.) THIS appeal is filed by the claimant, aggrieved by the inadequacy of the compensation. We heard the learned counsel for the appellant and the learned counsel for the Insurance Company. The date of accident is 22.11.1997. He was riding a scooter and travelling through the Willington Island - Indira Gandhi road. The offending vehicle is a Kinetic Honda Scooter. As a result of the accident, the appellant sustained the following injuries:

(2.) HE was immediately taken to the Cochin Port Trust Hospital, Willington Island, and after first aid, he was taken to Gautham Hospital, Kochi and therein he was admitted as an inpatient from 22.11.1997 to 25.11.1997. From 25.11.1997 he was admitted in the Medical Trust Hospital, Ernakulam, as an inpatient upto 2.12.1997. It is his case that the treatment continued as an outpatient for a long period. He was working as a Clerk in Indev Shipping Company, W/Island and was getting a monthly salary of Rs. 2,500/ -. As against the total compensation of Rs. 1,50,000/ -, the Tribunal awarded Rs. 58,237/ -. It is the case of the learned counsel for the appellant that the Tribunal committed an error in not accepting disability certificate which certified 12% disability and instead of the same, only 5% has been assessed only on the ground that the Medical Board has not issued the certificate. The learned counsel for the Insurance Company also submitted that the appellant was not examined by the Medical Board.

(3.) THE Tribunal has assessed the compensation in the following manner: