LAWS(KER)-2015-4-119

ASOKAN P.K. Vs. STEPHEN PINHEIRO AND ORS.

Decided On April 09, 2015
Asokan P.K. Appellant
V/S
Stephen Pinheiro And Ors. Respondents

JUDGEMENT

(1.) THE injured claimant is the appellant herein. It is a case where he has suffered serious injuries in an accident as a consequence of which he has become totally paralytic.

(2.) WE heard the learned counsel on both sides.

(3.) THE learned counsel for the appellant submitted by referring to the various documents that the appellant has become paralytic below hip. He is unable to sit himself in the bed and he is confined to the bed. It is submitted that he requires the help of two others even to lift himself and to meet his daily needs. It is submitted that under this situation, the Tribunal should have assessed the disability at 100%. Presently it is assessed at 90%. It is also submitted that the compensation awarded towards various heads also requires modification. As against the total claim of Rs. 40,00,000/ -, the Tribunal has granted Rs. 16,85,800/.