High Court Kerala High Court

Abdul Rahiman @ Rahiman vs Kerala State Road Transport … on 6 February, 2008

Kerala High Court
Abdul Rahiman @ Rahiman vs Kerala State Road Transport … on 6 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 322 of 2002(B)


1. ABDUL RAHIMAN @ RAHIMAN,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION,
                       ...       Respondent

2. VISWAMBHARAN, S/O. PADMANABHAN,

                For Petitioner  :SRI.P.V.CHANDRA MOHAN

                For Respondent  :SRI.K.PRABHAKARAN,SC KSRTC

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

 Dated :06/02/2008

 O R D E R

J.B. Koshy & K.Hema, JJ.

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M.F.A. No.322 of 2002

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Dated this the 6th day of February, 2008

Judgment

Koshy,J.

Appellant/Claimant met with an accident by which he

sustained fracture on his right forearm and right collis. Against a

claim of Rs.3,75,000/- the tribunal awarded only Rs.23,900/-. Only

quantum of compensation is disputed in this appeal. According to

the appellant, he was employed in a private establishment. His

qualification is not mentioned. No certificate was produced, but,

according to him, he was getting Rs.3,000/- per month. The

accident occurred on 28.5.1993. In the absence of evidence, the

tribunal took Rs.900/- as the monthly income, but, the tribunal

accepted that he was employed in a private firm. He was aged 29

years. In the above circumstances, we fix his monthly income at

Rs.1,800/-. He was unable to do any work for four months. The

tribunal awarded Rs.3,600/- towards loss of earning for four months.

Since we have fixed Rs.1,800/- as the monthly income, the appellant

is entitled to Rs.3,600/- more towards loss of actual earnings for four

months. It can be seen that even from the medical certificate

M.F.A.No. 322/2002 2

produced by the appellant, no permanent disability is assessed and

there is no evidence to show that his monthly income was reduced.

The tribunal has awarded Rs.7,000/- towards pain and suffering.

Another Rs.3,000/- was awarded by the tribunal for loss of

amenities, discomforts, after effects due to the fracture and

inconvenience together. We are of the opinion that another

Rs.3,000/- can be awarded under that head. Therefore, the

claimant is entitled to an additional amount of Rs.6,600/- over and

above the amount decreed by the tribunal. The above additional

amount of Rs.6,600/- should be deposited by the first respondent

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

deposit. On deposit of the amount, the appellant is allowed to

withdraw the same.

J.B.Koshy

Judge

K. Hema

Judge

vaa

M.F.A.No. 322/2002 3

J.B. KOSHY

AND

K.HEMA ,JJ.

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M.F.A. No. 322 of 2002

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Judgment

Dated:6th February, 2008