IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 507 of 2003()
1. MOHAMMED FAROOK, S/O.USMAN, RESIDING
... Petitioner
Vs
1. NALINI, W/O.T.M.GIRI, RESIDING AT
... Respondent
2. UNNIKRISHNAN, S/O.DEVAKY AMMA,
3. THE NATIONAL INSURANCE COMPANY
4. K.G.JOHNY, S/O.GEORGE KUNNATHUMKARA
5. M.M.KHALIDH, RESIDING AST MUKRIYATH
6. NEW INDIA ASSURANCE COMPANY LIMITED,
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SRI.MATHEWS JACOB(SR)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :04/04/2008
O R D E R
J.B.KOSHY & K.HEMA,JJ.
-----------------------------------------
M.F.A.No.507 of 2003
-----------------------------------------
Dated this the 4th day of April, 2008
JUDGMENT
Koshy, J.
Appellant sustained injuries in a motor accident on 2.9.1993.
As a result of the accident, he suffered compound fracture to both
bones of his left leg and fracture to the 6th rib. He produced Exhibit
A4 disability showing 12% permanent disability. The Tribunal taken
5% disability. He was working in gulf. According to him, he was
getting Rs.10,000/- per month during that period and Exhibit A5
certificate was produced to prove the income. Exhibit A6 is the
passport. The Tribunal has taken Rs.1,500/- as the monthly income.
The Tribunal found that he was under treatment for a period of six
months and therefore, taking Rs.1,500/- as the monthly income,
Rs.9,000/- was awarded for loss of earning power. For permanent
disability, Rs.17,300/- was awarded. Even though he was employed
in gulf, he had no technical qualification. According to him, he was
a salesman. We are of opinion that at least Rs.3,000/- ought to have
been taken as monthly loss of income. For six months treatment
period, actual loss of earning will be Rs.18,000/-. Therefore, the
MFA.507/03 2
claimant is entitled to an additional amount of Rs.9,000/- under this
head. It has come out in evidence that he had gone back to gulf and
got job. Since he has gone back to gulf and getting income, we are
not enhancing compensation for disability. Since he was under
treatment for six months, we award Rs.3,000/- for bystander’s
expenses. The Tribunal found that the accident occurred due to the
negligence of the drivers of the vehicle insured by the 3rd and 8th
respondents. Therefore, the additional amount of Rs.12,000/- should
be deposited in equal proportion by the 3rd and 8th respondents with
7.5% interest from the date of application till the date of deposit.
On deposit of the amount, the appellant is free to withdraw the
same. The appeal is allowed, partly.
J.B.KOSHY, JUDGE
K.HEMA, JUDGE
vgs.
MFA.507/03 3
J.B.KOSHY & K.HEMA, JJ.
------------------------------
M.F.A.No. 507 of 2003
------------------------------
JUDGMENT
4.4.2008