Kerala High Court
Mr.P.E.Joseph S/O. Easi vs 2. Mr.Santhosh.M on 18 November, 2008
Author: Koshy
Bench: J.B.Koshy, K.P.Balachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 636 of 2003()
1. MR.P.E.JOSEPH S/O. EASI,
... Petitioner
Vs
2. MR.SANTHOSH.M., VEDUMPOOZHIYIL HOUSE,
... Respondent
1. MR. S.PRASANNAN, PRASANNA BHAVAN,
3. THE MANAGER, UNITED INDIA INSURANCE CO.
For Petitioner :SRI.P.VIJAYARAGHAVAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :18/11/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A.C.A.No.636 of 2003 - B
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Dated this the 18th day of November, 2008.
J U D G M E N T
KOSHY, J.
The appellant sustained injuries in a motor accident. He claimed a compensation of Rs.1,50,000/-. Tribunal awarded only Rs.52,000/- with interest and directed 3rd respondent-insurance company to deposit the same. Petitioner filed this appeal for enhancement of compensation. It is submitted that the insurance company challenged the very same award by filing M.F.A.No.574 of 2008 and it was dismissed. The appellant was a Government employee (U.D.Clerk in Grama Panchayath). His employment was not lost due to the injury sustained. His income was not affected. Compensation is awarded to set off damages caused due to the accident. He has sustained injuries on the patella and patellectomy was done. Medical expences were reimbursed considering the bills produced. We are of the view that just and reasonable compensation was awarded and no enhancement is necessary.
Hence we dismiss the appeal.
J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-