NAJEEM Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal is preferred by the injured against the award in O.P.(M.V.) No.39 of 2006 of the Motor Accidents Claims Tribunal, Kollam. The appellant's case is that he sustained injuries in a motor accident on 28.06.2005 at 5.30 p.m. at Mamom Bridge on the Kollam- Attingal NH road. The learned Tribunal awarded Rs.33,000/- with 7.5% interest per annum from the date of petition till realisation with proportionate cost. Being aggrieved by that, the injured preferred this appeal.

(2.) Learned counsel appearing for the appellant submitted that meagre amount was awarded by the Tribunal for permanent disability. Ext.P12 disability certificate shows that the appellant has a permanent disability of 12%. At present, the appellant has pain and weakness of the right knee joint on weight bearing, partial ankylosis of right knee joint with motion limited to arc from 1800 line to 900 flexion, instability of right knee joint while walking and sensory impairment over the inferomedial aspect of right knee joint.

(3.) Considering Ext.A12, the learned Tribunal reduced the disability and took only 5% as the disability. The opinion of the Doctor in Ext.A12 is admissible in the absence of any evidence and the appellant has a permanent disability of 12%.