High Court Kerala High Court

Jaya Krishnan vs Hamza on 14 January, 2008

Kerala High Court
Jaya Krishnan vs Hamza on 14 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 873 of 2002(B)


1. JAYA KRISHNAN S/O.CHAMI, IRUPPIKKAL
                      ...  Petitioner

                        Vs



1. HAMZA S/O. MUHAMMED KUTTY,
                       ...       Respondent

2. O.A.ALI HUSSAIN,CHINGAVANAM KALATHIL

3. THE UNITED INDIA INSURANCE COMPANY LTD.,

4. O.RAYANKUTTY S/O. KUTTU ODUVANGATTIL

5. K.AJITHKUMAR TGHARUMATTOOR KALAM

6. THE NATIONAL INSURANCE COMPANY LIMITED

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  :SRI.P.JAYASANKAR

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :14/01/2008

 O R D E R


                          J.B.KOSHY  & K.T.SANKARAN, JJ.

                         ----------------------------------------------------

                                   M.F.A. NO.  873 OF  2002

                         ----------------------------------------------------

                            Dated this the  14th January,  2008


                                             JUDGMENT

J.B.KOSHY, J.

The appellant/claimant sustained fracture on tibia and fibula in a

motor accident occurred on 4.2.1999. He claimed a compensation of

Rs.two lakhs. The Tribunal awarded Rs.45,338/- with interest at the rate of

9% per annum from the date of application till realisation and Rs.900/- as

costs. Only the quantum of compensation is disputed in the appeal.

2. According to the appellant, he was a mason earning Rs.4,500/-

per month. The Tribunal rightly found that there is no evidence to prove the

nature of work and monthly income of the appellant. He did not depose

also regarding the nature of accident. In support of the contention that the

accident occurred due to the negligence of the driver of the vehicle insured

by respondents 3 and 6, he produced Ext.A1 copy of FIR and Ext.A2, copy

of scene mahazar. Ext.A1 FIR itself shows that he was travelling in the

jeep precluding his leg outside. Therefore, the Tribunal found that he was

also negligent and his negligence was apportioned at 25%. After

calculating the compensation at Rs.60,450/-, 25% compensation was

deducted. By Ext.A9 certificate the doctor has certified that there is 18%

disability. The Tribunal did not accept the same. We have already stated

that there was no evidence to show that he was an earning member at the

M.F.A. NO.873 OF 2002

:: 2 ::

time of accident. The doctor was examined as PW1. The Tribunal stated

that, according to the doctor, 18% disability is to the limb and not to the

whole body. The Tribunal has awarded Rs.17,500/- as compensation for

disability and another Rs.11,000/- as injury compensation. For pain and

suffering, Rs.11,000/- was granted. Even if the notional income of a non-

earning person is taken as his monthly income and compensation is

granted for 10% disability, he would not have received more than what is

assessed by the Tribunal. Considering the total amount granted and the

nature of injuries, we are of the opinion that no enhancement is

necessary.

The Miscellaneous First Appeal is, therefore, dismissed.

(J.B.KOSHY)

Judge

(K.T.SANKARAN)

Judge

ahz/

J.B.KOSHY & K.T.SANKARAN, JJ.

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M.F.A.NO. 873 OF 2002

JUDGMENT

14th January, 2008

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