High Court Kerala High Court

Suresh Kumar vs V.Chinna Durai on 3 April, 2008

Kerala High Court
Suresh Kumar vs V.Chinna Durai on 3 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 310 of 2003()


1. SURESH KUMAR, AGED 37 YEARS,
                      ...  Petitioner

                        Vs



1. V.CHINNA DURAI S/O. VELU PILLAI,
                       ...       Respondent

2. M/S. RANI, MANGAMMAL TRANSPORT

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  :SRI.P.CHANDY JOSEPH

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :03/04/2008

 O R D E R
                           J.B.Koshy & K. Hema, JJ.
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                             M. F.A.No. 310 of 2003
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                   Dated this the 3rd day of April, 2008

                                     JUDGMENT

Koshy, J.

Appellant, a heavy vehicle driver, sustained injuries in an accident.

Against a claim of Rs.3,00,000/-, Tribunal awarded Rs.65,425/- and

directed the 2nd respondent to deposit the compensation. Only the quantum

of compensation is disputed in this appeal.

2. The discharge summary would show the following injuries:-

1. Fracture of both bones left leg junction of mid and
lower 3rd.

2. Fracture of radial head left elbow

3. Fracture of 7th rib left

4. Zone IV extensor tendon injury. Extensor indices and
E.D. slip to index finger right hand.

The Tribunal fixed only Rs.1,750/- as the monthly income of the appellant.

The appellant was a heavy vehicle driver. According to him, he was getting

salary of Rs.5,000/- At the time of the accident, he was driving a mini lorry.

The accident occurred in 1995. A lorry driver gets minimum of Rs.100/- per

day. If calculating 25 days’ work, at least he will be entitled to Rs.2,500/-

MFA 310/03 -2-

per month. Therefore, the Tribunal ought to have awarded Rs.7,500/- for

loss of actual earnings for three months. The Tribunal awarded Rs.5,250/-.

If that be so, he is entitled to Rs.2,250/- more on that count. Since no

disability certificate is produced, no compensation was awarded for

disability or loss of earning power. We are of the view that having fracture

of both legs as well as fracture of 7th rib left and radial head left elbow will

affect his work as a heavy vehicle driver. For disability and loss of

amenities and inconvenience in life, Rs.7,500/- is granted. Tribunal rejected

the bill for ambulance expenses. Rs.250/- will be granted towards medical

expenses.

2. Thus, over and above the amount awarded, the appellant will be

entitled to Rs.10,000/-. The above amount should be deposited by the 2nd

respondent with 7.5% interest per annum from the date of the petition till its

deposit. On deposit the appellant is allowed to withdraw the same.

Accordingly, the appeal is partly allowed.

J.B. Koshy, Judge

K. Hema, Judge

mn.

MFA 310/03             -3-

                                  J.B.Koshy & K. Hema, JJ.
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                                     M. F.A.No. 310 of 2003
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                                                      JUDGMENT
                                          3rd day of April, 2008