IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1192 of 2001(D)
1. T.K. KUNHIRAMAN
... Petitioner
Vs
1. PARVATHI AMMA
... Respondent
For Petitioner :SRI.M.V.JOSEPH
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :28/11/2007
O R D E R
J.B.KOSHY & K.HEMA, JJ.
--------------------------------------
M.F.A.No.1192 OF 2001
-------------------------------------
Dated 28th November, 2007
JUDGMENT
Koshy,J.
Appellant/claimant met with an accident at the age of 40. He
was a store keeper employed in Eramala Weavers Industrial (Workshop)
Co-operative Society Limited, Vadakara with a monthly salary of
Rs.1,700/=. He has 8% permanent disability as certified by the doctor.
He claimed a compensation of Rs.2,00,000/=, but, Tribunal has awarded
only Rs.36,100/= as compensation. Only quantum of compensation is
disputed in this appeal. It is true that he suffered partial permanent
disability and he has to suffer the same till the end of his life. The
appellant’s employment and salary were not affected due to the
accidental injuries. Considering the total compensation awarded, we are
of the opinion that no interference is required except for compensation
granted for leave wages. He was on leave for 10 months and certificate
was produced. Even if part of the leave was with pay, he could have
availed leave in his credit for other purposes. Therefore, he is entitled
to full leave wages for 10 months, i.e., amounting to Rs.17,000/=.
Tribunal has granted Rs.8,500/=. Therefore, he is entitled to another
Rs.8,500/= than that was awarded by the Tribunal. With regard to other
heads, no enhancement is needed. The above Rs.8,500/= should be
MFA.1192/2001 2
deposited by the third respondent insurance company with 7.5%
interest from the date of application till its deposit. On deposit of the
amount, appellant is allowed to withdraw the same.
The appeal is partly allowed.
J.B.KOSHY
JUDGE
K.HEMA
JUDGE
tks