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