K T DEVASSY Vs. NANDANAN

JUDGEMENT

(1.) The claimant in O.P. (MV) No.865 of 1993, on the file of the Motor Accident Claims Tribunal, Palakkad, is the appellant herein. He has approached this Court with this appeal claiming enhanced compensation. The Tribunal granted a total compensation of Rs.14,250/-. The contention of the appellant is that this amount is too low and is not commensurate with the injuries and consequential disabilities sustained by the appellant.

(2.) The appellant was 53 years of old at the time of accident. He was a grocery merchant. He sustained two injuries in the accident, which were (1) shaped lacerated wound over the occipital area of scalp 6 cm.long, and (2) fracture rib left side.

(3.) The main contention of the appellant is that although on account of the injuries sustained by him, he had incurred permanent disability of 8% as certified by the Orthopedic Surgeon, who examined him. The Tribunal had not awarded any amount under this head. The appellant submits that the Tribunal has not even referred to Ext.A7 disability certificate produced by the appellant. The appellant therefore submits that he should be awarded compensation for this disability also.