High Court Kerala High Court

Sasidharan Nair vs Abdul Salam on 23 May, 2008

Kerala High Court
Sasidharan Nair vs Abdul Salam on 23 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 838 of 2008()


1. SASIDHARAN NAIR, S/O.RAGHAVAN NAIR
                      ...  Petitioner

                        Vs



1. ABDUL SALAM, S/O.SUBAIDA BEEVI
                       ...       Respondent

2. ANZ. S., S/O.UTHAMAN RAWTHER

3. BRANCH MANAGER

                For Petitioner  :SRI.T.K.KOSHY

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/05/2008

 O R D E R
                   J.B.KOSHY & P.N.RAVINDRAN, JJ.
                        --------------------------------------
                        M.A.C.A.No.838 OF 2008
                         -------------------------------------
                          Dated 23rd May, 2008

                                 JUDGMENT

Koshy,J.

Appellant/claimant sustained serious injuries in a motor

accident on 25.4.2000. As a result of the accident, he sustained fracture

of middle of right femur apart from lacerated wounds. He was

hospitalised for 36 days. A certificate dated 7.6.2002 from the District

Medical Board of the District Hospital, Kozhencherry was produced

showing 63% permanent disability. But, apart from the injury to the

right leg, there is no fracture to any other bones. After the above

medical examination he was treated in 2003. Medical expenses for

treatment in 2003 also was reimbursed. Medical Board assessed

disability before completition of treatment. Tribunal accepted 32%

permanent disability. On going through the medical certificate and

considering the nature of injuries, we are of the opinion that percentage

of disability was ascertained only with respect to that limb and even 32%

whole body disability assessed by the Tribunal is on the high side.

According to the appellant, he underwent a course of practical training in

television servicing. He also produced rent receipt to show that he was

MACA.838/2008 2

conducting an electronics shop. Considering the nature of work he

was doing ,Rs.2,500/= per month was taken as multiplicand for

calculating compensation. For permanent disability alone

Rs.1,53,600/= was awarded apart from the reimbursement of medical

bills and total amount granted was Rs.3,03,600/= with interest and

costs. Considering the nature of injuries and total compensation

granted including interest of 7.5%, we are of the opinion that just and

reasonable compensation was awarded and no interference is

required in the award.

The appeal is dismissed.

J.B.KOSHY
JUDGE

P.N.RAVINDRAN
JUDGE

tks