Reliance General Insurance ... vs Sajevan
2022 Latest Caselaw 8385 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                     MACA NO. 1566 OF 2018


O.P(MV)NO.700 OF 2013 IN ADDITIONAL MOTOR ACCIDENTS CLAIMS
                  TRIBUNAL-II, PATHANAMTHITTA
APPELLANT/3RD RESPONDENT:

            RELIANCE GENERAL INSURANCE COMPANY LIMITED,
            KOCHI, NOW REPRESENTED BY ITS LEGAL-CLAIMS
            MANAGER, REGIONAL OFFICE, KOCHI-682 020.

            BY ADV SRI.MATHEWS JACOB (SR.)


RESPONDENT/PETITIONER:

            SAJEEVAN,
            S/O.NARAYANAN NAIR, SANGEETHA BHAVAN, MANNADI
            P.O., MEMMANNADI, PIN-691 530.

            BY ADV SRI.A.N.SANTHOSH


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION    ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 MACA NO.1566 OF 2018              2




                                 JUDGMENT

This is an appeal preferred by the 3 rd respondent in OP(MV)

No.700 of 2013 on the files of the Additional Motor Accidents Claims

Tribunal-II, Pathanamthitta. It seems that on a misunderstanding

that the learned Tribunal wrongly assessed disability @ 20%,

though only 15% permanent disability was found by the Medical

Board, the Company preferred this appeal. But at the time of

hearing, the Disability Certificate (Ext.A15) issued by the Medical

Board was verified, and it shows the permanent disability as 20%. It

was a mistake from the part of the Tribunal to mention the disability

assessed by the Medical Board as 15%. Being convinced of the fact

that the Medical Board has assessed the disability @ 20%, the

learned counsel for the appellant submitted that he is not pressing

this appeal.

Hence, this appeal is dismissed as not pressed.

Sd/-

SOPHY THOMAS, JUDGE DSV/02.07.2022