LAWS(KER)-2018-7-651

VEERAMMA @ BEERAMMA MUHAMMED Vs. PAUL MATHAI @ SAJU

Decided On July 05, 2018
Veeramma @ Beeramma Muhammed Appellant
V/S
Paul Mathai @ Saju Respondents

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.196/2010 of the Motor Accidents Claims Tribunal, Perumbavoor by the injured. The appellant sustained injuries in a motor accident on 20.12.2009 at 9.45 pm and the learned Tribunal awarded compensation of Rs. 1,09,926/-. Being aggrieved by that, he preferred this appeal.

(2.) There was no dispute with regard to the accident. The first respondent was set ex-parte. The insurer admitted the insurance of the vehicle. This case was tried along with OP(MV) No.1173/2010. Both claimants did not adduce any oral evidence, but the documents were marked as Exts. A1 to A16. The disability certificates were marked as Exts. C1 and C Respondents evidence were marked as Ext.B1.

(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: