THANKACHAN Vs. RAJEEV P.N. AND ORS.

JUDGEMENT

(1.) THE petitioner, who is a daily labourer, was injured in an accident which occurred on 06.12.2007 at about 11.10 a.m. He was travelling in an autorickshaw bearing Reg. No. KL -17/D 2855 from Sabarimala to Koothattukulam through Erumeli -Pambavali public road. The offending vehicle is a jeep bearing Reg. No. KL -3/C 490 and the same hit against the autorickshaw at a place called Chembakappara bhagam. He sustained serious injuries in the accident. An amount of Rs. 3,97,968/ - has been granted as compensation.

(2.) THE learned counsel for the appellant submitted that even though before the Tribunal evidence was let in to show that he had sustained 32% disability as per Ext. A10 disability certificate, the Tribunal has assessed it only at 20%. It is submitted that pursuant to the order passed by this Court, a Medical Board has examined him and the certificate issued by the Medical Board has been produced as Annexure -A along with I.A. No. 146 of 2015, wherein 40% disability has been certified. Therefore it is submitted that compensation will have to be assessed based on the percentage of the functional disability due to the physical disability he has suffered.

(3.) WE find from paragraph 10 of the award that, the details of injuries have been given in the following manner which are covered by Ext. A11 summary.