THRESIAMMA SEBASTIAN Vs. RENU SWAMIDAS

JUDGEMENT

(1.) The question raised before this Court is whether the Motor Accidents Claim Tribunal can fix the percentage of disability on its own when the report of the Medical Board is placed before it.?

(2.) The claimant before the Motor Accident Claims Tribunal-II, Alappuzha is the appellant herein. On 26/1/2013 at around 9.30 a.m. at Polikode Valakom, Kottarakkara, an accident took place out of use of a Maruti Alto Car bearing registration No.KL-33/C-3861. When the claimant reached this spot the offending vehicle bearing registration No.KL-01/AX8111 hit the vehicle of the claimant and she sustained serious injuries. Hence, the claim petition was lodged before the Motor Accident Claims Tribunal-II, Alappuzha. The Motor Accident Claims Tribunal-II on the basis of the evidence of materials on record framed the following issues:

(3.) On behalf of the claimant, Exts.A1 to A20 and X1 were marked and PW1 and PW2 were examined. Ext.X1 is the Disability Certificate marked as court exhibit. On the basis of the materials on record and evidence produced before the Tribunal, the Tribunal found that the claimant suffered the following injuries: