High Court Kerala High Court

Antony @ Baby vs M.V.Joseph on 12 June, 2008

Kerala High Court
Antony @ Baby vs M.V.Joseph on 12 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 616 of 2003()


1. ANTONY @ BABY, S/O. ANTONY,
                      ...  Petitioner

                        Vs



1. M.V.JOSEPH S/O. VARKEY, MANTHIYIL HOUSE,
                       ...       Respondent

2. ELDO.N.P. S/O. PAULOSE N.K.,

3. UNITED INDIA INSURANCE CO. LTD.,

4. M.LAKSHMAIAH S/O. SUBBARAYUDU,

5. M.RAMAYYA, AGED 23 YEARS,

6. UNITED INDIA INSURANCE CO. LTD.,

                For Petitioner  :SRI.J.S.AJITHKUMAR

                For Respondent  :SRI.P.JAYASANKAR

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

 Dated :12/06/2008

 O R D E R

J.B. Koshy & P.N.Ravindran, JJ.

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M.A.C.A. No. 616 of 2003

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Dated this the 12th day of June, 2008

Judgment

Koshy,J.

Appellant/Claimant sustained injuries in a motor

accident on 19.8.1997. He applied for compensation claiming an

amount of Rs.Three lakhs. The tribunal has allowed only

Rs.51,450/-. Only quantum of compensation is disputed in this

appeal. According to the appellant, he was a foreman in a saw mill

and was getting Rs.4,000/- per month. Ext.A10 salary certificate was

produced which shows that he was getting Rs.4,500/- per month.

The tribunal correctly found that the above salary certificate was not

proved. However, he was aged 38 years at the time of accident. He

was maintaining a family. We are of the opinion that at least

Rs.2,500/- can be fixed as the monthly income. As a result of the

accident, his two legs were fractured. Ext.A3 wound certificate

shows that he had fracture of left fibula and condyle of right knee.

Ext.A4 discharge summary shows that he was treated as an

inpatient for 23 days in different hospitals and he had fracture of

right patella and tibia. He was reported for review on nine

M.A.C.A.No.616/2003 2

occasions and thereafter there was follow-up treatment on three

occasions. Ext.A6 disability certificate shows that he had 5%

disability. Ext.A5 medical certificate shows that he had terminal

flexion and extension of the left knee and there is 5% disability.

Doctor also stated that there was mal-union of lateral condyle.

Since doctor was not examined, no compensation was granted by

the tribunal for disability and for loss of earning capacity. We are of

the opinion that the tribunal went wrong in not accepting the above

considering the long treatment and nature of injuries. If that be so,

compensation payable for 5% disability will be Rs.2500 x 12 x 5 x

100

16 = Rs.24,000/-. The tribunal has found that he was unable to go

for work for six months and granted six months’ wages for loss of

earning during the period of treatment. Since we have increased

monthly income to Rs.2,500/-, he is entitled to another Rs.7,500/-.

Thus, he will be entitled an additional amount of Rs.31,500/-. Even

though it is contended that compensation awarded under other

heads are very meagre, considering the total compensation

awarded, we are not enhancing the same. The additional amount of

Rs.31,500/- should be deposited by the third respondent insurance

M.A.C.A.No.616/2003 3

company with 7.5% interest from the date of application till its

deposit over and above the amount decreed by the tribunal.

Appeal is allowed partly.

J.B.Koshy
Judge

P.N.Ravindran
Judge

vaa

M.A.C.A.No.616/2003 4

J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.

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M.A.C..A. No.616 of 2003

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Judgment

Dated:12th June, 2008