IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3187 of 2009()
1. POULOSE, S/O.LONAPPAN,
... Petitioner
Vs
1. RAPPAI, S/O.VARKEY,
... Respondent
2. ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/03/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.3187 OF 2009
.............................................
Dated this the 24th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Claims Tribunal, Irinjalakuda in OP(MV)No.488/2006. The
claimant, a 46 year old ex service man, working as a peon
in the KSFE, sustained injuries in a road accident and the
tribunal has awarded him a compensation of Rs.37,950/=
and directed the insurance company to pay the amount.
Dissatisfied with the amount awarded, the claimant has
come up in appeal.
2. Heard the learned counsel for the appellant as well
as the insurance company. So far as the loss of earnings is
concerned, the documents produced would show that he was
drawing a salary of Rs.2,450/= per month and that he was
absent from duty from 25.1.2006 to 19.4.2006. So it was
almost for 3 months and therefore for the loss of earnings
for 84 days, I award a sum of Rs.6,500/= of which Rs.5,000/=
is granted. So he is entitled to an additional compensation
of Rs.1,500/=. The tribunal has accepted the disability
: 2 :
M.A.C.A.No.3187 OF 2009
certificate,even without examining the doctor,on sanctification
that there is swelling on the left knee and the claimant is
not able to bent the knee comfortably.
3. I feel that in a case of this nature when a person’s
patella is affected, there is swelling on his leg which will
affect his mobility. When 7% disability is taken for the age
of 55 and income is taken as Rs.1,500/= by using the
multiplier of 9, the disability compensation would come to
Rs.11,340/= of which Rs.3,600/= is granted. So, the claimant
will be entitled to Rs.7,740/= for permanent disability and
loss of earning power. From the age of 46 to 55 the person
is working as a peon. He will be put to considerable
hardship because of his difficulty in movement of the leg
especially considering his job as a peon in a company.
Therefore for the same suffering, I increase the
compensation by Rs.6,000/= as loss of amenities thereby
entitling the claimant to have an additional compensation of
Rs. 15,240/=.
4. In the result, the MACA is partly allowed and the
claimant is awarded an additional compensation of
: 3 :
M.A.C.A.No.3187 OF 2009
Rs.15,240/= with 7% interest from the date of petition till
realisation and the respondent insurance company is directed
to deposit the said amount within a period of 60 days from the
date of receipt of a copy of this judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
: 4 :
M.A.C.A.No.3187 OF 2009