High Court Kerala High Court

Jijo vs K.V.Santhosh on 26 May, 2009

Kerala High Court
Jijo vs K.V.Santhosh on 26 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 346 of 2004()


1. JIJO, S/O. SUBRAN, AYYODATH HOUSE,
                      ...  Petitioner

                        Vs



1. K.V.SANTHOSH S/O. VELUKUTTY,
                       ...       Respondent

2. ABU @ ABRAHAM, S/O. ANTHONY,

3. MANAGER, UNITED INDIA INSURANCE CO.LTD.,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.M.A.HAKIM SHAH

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :26/05/2009

 O R D E R
             K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
                  --------------------------------------------------
                   M.A.C.A. NO. 346 OF 2004 D
                 ---------------------------------------------------
                    Dated this the 26th May, 2009

                                  JUDGMENT

K.M. JOSEPH, J.

Appellant is the claimant in a petition filed under Section

166 of the Motor Vehicles Act. He sustained the following

injuries:

“1. Traumatic subtotal amputation right

arm.

2. Fracture shaft humerus right.

3. Cut brachial Artery and Vein.

4. Badly crushed and devitalised right arm

and forearm.

5. Fracture both bones forearm.

6. Cut medial nerve injury right.

7. Long deep lacerated wound right ulnar

extending medially from the arm to latero medial

portion of forearm exposing all bones, tendons

and vessels.”

2. According to the appellant, he was a driver. He has

MACA 346/04 D 2

undergone hospitalisation in three spells. The Tribunal found

that he is entitled to a total compensation of Rs.3,35,000/=.

Feeling aggrieved, the claimant filed this Appeal.

3. We heard the learned counsel for the appellant. Learned

counsel for the appellant points out that this is a case where the

appellant who was 26 years of age, suffered serious injuries.

The income taken is inadequate. He points out that this is a case

where he has produced Certificate and also examined the

employer as PW3, who has spoken about the income being

Rs.4,500/= per month. But, the income is taken as Rs.1,500/=

per month only. He further contends that the disability is

assessed to 62 per cent and the loss of earning power is taken

only as fifty per cent. He points out that the appellant who was

a driver became unable to do his work. He also points out that

the amount awarded towards permanent disfiguration is only

Rs.6,500/= and it is inadequate.

4. We find that this is a case where not only the appellant

has a definite case about his income being Rs.4,500/=, but he

MACA 346/04 D 3

has also produced Ext.A15 Salary Certificate and he has

examined Shri Ramakrishnan, who has issued the Certificate as

PW3. PW3 has spoken in terms of the income. Of course, we

cannot also overlook the fact that as observed, there was no

other material to show that the amount is being paid. The

accident took place in the year 1999. None-the-less, we would

think that it would be fair and just, if we fix the income at

Rs.2,500/= per month. If that be so, the appellant would be

entitled to a sum of Rs.1,08,000/= more towards loss of earning

power. Further, he would be entitled to a sum of Rs.10,000/=

towards loss of earning. We also feel that the amount awarded

towards permanent disfiguration, in the teeth of the finding that

he has lost his marriage prospects, the right hand presents ugly

appearance, is certainly inadequate and he should be paid a sum

of Rs.3,500/= more. Thus, the appellant becomes entitled to a

further sum of Rs.1,21,500/= which will bear interest at 7.5 per

cent from the date of the petition till the date of payment. Thus,

an Award is passed with an enhanced compensation of

MACA 346/04 D 4

Rs.1,21,500/- (Rupees One Lakh, Twentyone Thousand and

Five Hundred) with interest at 7.5 per cent from the date of the

petition till the date of payment against the respondents.

Sd/=
K.M. JOSEPH,
JUDGE

Sd/=
M. L. JOSEPH FRANCIS,
JUDGE
kbk.

// True Copy //

PS to Judge