IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 559 of 2002(B)
1. ANANDAN,G.HARIJAN COLONY,UMBERNADU,
... Petitioner
Vs
1. JEEVANTH,VADAYA PARAMBIL,
... Respondent
2. BRANCH MANAGER,ORIENTAL INSURANCE
For Petitioner :SRI.T.I.DANIEL
For Respondent :SRI.MATHEWS JACOB
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :25/07/2007
O R D E R
J.B. KOSHY and K.P.BALACHANDRAN, JJ.
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M.F.A. No. 559 of 2002
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Dated this the 25th day of July, 2007
Judgment
Koshy, J.
Appellant/claimant sustained serious injuries
in a motor accident on 17.9.1992 at the age of 32. He
claimed a compensation of Rupees Seven lakhs contending
that the accident occurred due to the negligence of the
driver of the vehicle insured by the second respondent
insurance company. The tribunal found that the accident
occurred as alleged and the third respondent insurance
company is liable to deposit the compensation, but, the
amount awarded was only Rs.87,050/-. Major dispute is
regarding compensation awarded for loss of earning
capacity and disability.
2. Claimant was a Gangman employed in the
Indian Railways. Immediately after the accident, he was
admitted in the Pushpagiri Hospital, Thiruvalla. Ext.A4
is the wound certificate, Ext.A5 is the discharge card
and Ext.A6 is the medical certificate. It is stated that
there was fracture of lower third of humerus, compound
fracture of elecranon and fracture of upper 1/3rd of ulna
M.F.A.No.559/2002 2
and radius with radial nerve injury. Open reduction and
internal fixation were done. He was discharged on
15.10.1992 with advice to review periodically. He had to
undergo physiotherapy also. It is his case that, as a
result of the accident, he is unable to do any work with
his left hand. He was working as a Senior Gangman in the
Southern Railway and his salary at the time of accident
was Rs.1,753/- for the month of September, 1992. It is
his case that as a result of the accident, he was
reverted from the post of Gangman to the post of Sweeper
and relied on Ext.A14 (b) certificate. According to him,
since he was working as a Senior Gangman, he would have
been promoted to Grade I Keyman and thereafter to
Gangmate and his employment prospects for promotion were
closed due to the accident. The medical board certified
20% disability. Since his employment was not lost, the
tribunal granted only Rs.50,000/- on a rough and ready
estimate for disability as well as loss of earning
capacity. It is his contention that even though he was
reverted to the post of Sweeper and his salary was
protected to that of a Senior Grade Gangman, he lost the
entire promotion scope and post retiral benefits like
pension, gratuity due to the accident as it is calculated
M.F.A.No.559/2002 3
on the basis of the last drawn wages. Further, he has to
carry on his life with the disability. Taking all these
facts, we are of the opinion that Rs.25,000/= more should
be awarded for disability, loss of earning capacity etc.
Even though it was contended that the compensation
granted under other heads are also meagre, we are not
enhancing the same. The above Rs.25,000/- should be
deposited by the third respondent insurance company with
8% interest from the date of application till the date of
deposit.
The appeal is allowed partly.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
vaa
M.F.A.No.559/2002 4
J.B. KOSHY AND
K.P.BALACHANDRAN, JJ.
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M.F.A.NO.559/2002
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JUDGMENT
Dated:25th July, 2007