K N BIJU Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.1725/2005 of the Motor Accidents Claims Tribunal, Ernakulam by the injured. The appellant sustained serious injuries in a motor accident on 31.12.2004. The driver and owner of the vehicle were set ex-parte. The insurer admitted the insurance of the vehicle and there was no dispute with regard to the accident. The claimant's evidence consist of oral testimony of PW1 to 3 and documentary evidence of Exts.A1 to A10. Respondents evidence consist of Ext.B1. The learned Tribunal awarded compensation of Rs. 1,02,689/-, being aggrieved by that, the injured preferred this appeal.

(2.) The learned counsel appearing for the appellant contended that he sustained permanent disability of 26%, but the learned Tribunal took 10%, in the absence of any evidence, the reduction of disability is against the principle of law. Hence, the appellant is entitled to get just amount as compensation.

(3.) In Yadava Kumar v. D.M. National Insurance Co. Ltd., (2010) 8 Scale 567 Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows: