IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 RP.No. 433 of 2011() -------------------- AGAINST THE JUDGEMENT IN MACA.1400/2009 .................... REVIEW PETITIONER/ APPELLANT/PETITIONER ------------------------------------------ SHAJI @ SAJITH RAHMAN, PALLIYALIL HOUSE, P.O.VAKERY, KRISHNAGIRI VILLAGE, SULTHAN BATHERY TALUK. BY ADV. SRI.S.M.PRASANTH RESPONDENTS/RESPONDENTS/RESPONDENTS --------------- 1. CHANDY @ JOY, S/O. AUGUSTHY, THARAPPIL HOUSE, P.O.CHANDANAKKAMPARA, PAYYANNUR, KANNUR DISTRICT. 2. JOSE JACOB, S/O. JACOB, MANIYANKALLEL HOUSE, P.O.CHANDANAKKAMPARA, PAYYANNUR, KANNUR DISTRICT. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, KANNUR. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ---------------------------------------------------- R.P.No.433 OF 2011 IN M.A.C.A. No. 1400 OF 2009 ----------------------------------------------------- Dated this the 22nd day of June,2011 ORDER Barkath Ali, J. Heard. Review petition allowed. In paragraph 9, the second sentence “ as directed by this court, the Tribunal referred the claimant to a Medical Board to assess his disability. Ext.C1 is the said certificate of disability in which they have assessed the percentage of disability as 70%. The right leg of the claimant was amputated below knee” has to be corrected as follows : “As directed by this court, the claimant appeared before the Medical Board attached to Medical College Hospital, Calicut to assess his disability. The disability certificate of the Board is marked as Ext.X1. The Board has assessed the percentage of disability as 70%. The claimant has nonunion of right tibia, volkmann Ischaemic contracture, equivalent to right below knee amputation.” 2. In paragraph 10, the second sentence “Taking into R.P.No.433/2011 2 consideration the fact that his right leg was amputated below knee” has to be corrected as “ Taking into consideration the fact that his right leg was as good as amputated below knee”. For Bystander expenses, the Tribunal awarded Rs.3,000/-. We have enhanced the amount to Rs.10,000/-. Therefore, the claimant is entitled to an additional compensation of Rs. 7,000/- on this count. That being so, the total enhanced compensation the claimant is entitled to is corrected as Rs.3,72,000/-. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv R.P.No.433/2011 2 R.P.No.433/2011 2