IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1807 of 2007()
1. B.K.KOYA, 51 YEARS,
... Petitioner
Vs
1. AHAMMED KABEER,
... Respondent
2. SELVARAJ, 36, NO.98 HOUSE,
3. THE NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.K.JANARDHANAN
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :14/10/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.NO.1807 OF 2007 (A)
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Dated this the 14th day of October, 2008
J U D G M E N T
KOSHY,J.
Appellant/Claimant, at the age of 43, sustained injuries
in a motor accident on 25.8.1998. He sustained fracture of
right ankle. Medical Board certified 20% disability. That was
accepted. Only Rs.1,800/- was taken as the monthly income
and total compensation awarded was Rs.1,37,400/-. We note
that the appellant was 43 years old. He was maintaining a
family. According to him, he was getting a monthly income of
Rs.5,000/- as a head load worker and as a result of the
accident, he was unable to do the work and he lost the job.
Even though medical certificate shows only 20% disability, he
is unable to do any work. He had bed scaring and keloid over
dorsum of right foot as can be seen from the Medical
Certificate. Apart from the fracture of left ankle, there was
difficulty in walking. Accident occurred in 1998. Even
MACA.1807/07 2
though monthly income of Rs.5,000/- as claimed cannot be
accepted, since he was a head load worker and was
maintaining a family, we are of the opinion that atleast
Rs.100/- can be fixed as the daily income and he may get
atleast 25 days work in a month and thus the monthly income
can be fixed as Rs.2,500/-. He was aged 43 years at the time
of accident and taking guidelines from the 2nd Schedule, 15 is
the apt multiplier. But Tribunal has taken only 13 as the
multiplier. We are not changing the same as 2nd schedule
need be taken only for guideline. Hence, for 20% disability
and loss of earning power, compensation payable will be
Rs.2,500 x 12 x 20/100 x 13 = Rs.78,000/- instead of
Rs.56,000/-. Thus the additional amount payable on this count
will be Rs.22,000/-. The total amount awarded by the Tribunal
was Rs.1,37,400/-. (There is a typical error at the last
paragraph of the award, the amount is shown as
Rs.1,32,400/-). The additional amount of Rs.22,000/- should
be deposited by the 3rd respondent Insurance company with
7.5% interest from the date of application till its deposit over
and above the decreed amount by the Tribunal. On deposit
MACA.1807/07 3
of the same, appellant is allowed to withdraw the same.
Appeal is accordingly partly allowed.
J.B.KOSHY, JUDGE
K.P.BALACHANDRAN, JUDGE
prp
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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14th October, 2008