MERY AUGUSTY Vs. JUNAID.R.K.

JUDGEMENT

(1.) This appeal is filed against the award dated 1.06.2011 made in O.P.(MV)No.920/2009 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The challenge is against the quantum of compensation awarded. The relevant facts for consideration of this appeal is as follows :

(2.) When the appeal came up for hearing, the learned counsel for the appellant/claimant submitted before us that even though disability was assessed by the Medical Board, it was not considered by the Tribunal. It is the submission that 15% disability was assessed by the Board as she sustained a fracture on femur. It is also the submission that the compensation awarded on various heads are also very meagre and an intervention is inevitably invited.

(3.) The learned counsel appearing for the Insurance Company submitted before us that here is a case where just compensation has been awarded by the Tribunal. It is further highlighted that in the award itself, the Tribunal pointed out that even though there was a specific direction by the Tribunal for the appearance of the appellant/claimant, it was not complied with. The Tribunal declined to grant compensation for disability in the said circumstances.