IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 346 of 2004()
1. JIJO, S/O. SUBRAN, AYYODATH HOUSE,
... Petitioner
Vs
1. K.V.SANTHOSH S/O. VELUKUTTY,
... Respondent
2. ABU @ ABRAHAM, S/O. ANTHONY,
3. MANAGER, UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.M.A.HAKIM SHAH
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :26/05/2009
O R D E R
K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
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M.A.C.A. NO. 346 OF 2004 D
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Dated this the 26th May, 2009
JUDGMENT
K.M. JOSEPH, J.
Appellant is the claimant in a petition filed under Section
166 of the Motor Vehicles Act. He sustained the following
injuries:
“1. Traumatic subtotal amputation right
arm.
2. Fracture shaft humerus right.
3. Cut brachial Artery and Vein.
4. Badly crushed and devitalised right arm
and forearm.
5. Fracture both bones forearm.
6. Cut medial nerve injury right.
7. Long deep lacerated wound right ulnar
extending medially from the arm to latero medial
portion of forearm exposing all bones, tendons
and vessels.”
2. According to the appellant, he was a driver. He has
MACA 346/04 D 2
undergone hospitalisation in three spells. The Tribunal found
that he is entitled to a total compensation of Rs.3,35,000/=.
Feeling aggrieved, the claimant filed this Appeal.
3. We heard the learned counsel for the appellant. Learned
counsel for the appellant points out that this is a case where the
appellant who was 26 years of age, suffered serious injuries.
The income taken is inadequate. He points out that this is a case
where he has produced Certificate and also examined the
employer as PW3, who has spoken about the income being
Rs.4,500/= per month. But, the income is taken as Rs.1,500/=
per month only. He further contends that the disability is
assessed to 62 per cent and the loss of earning power is taken
only as fifty per cent. He points out that the appellant who was
a driver became unable to do his work. He also points out that
the amount awarded towards permanent disfiguration is only
Rs.6,500/= and it is inadequate.
4. We find that this is a case where not only the appellant
has a definite case about his income being Rs.4,500/=, but he
MACA 346/04 D 3
has also produced Ext.A15 Salary Certificate and he has
examined Shri Ramakrishnan, who has issued the Certificate as
PW3. PW3 has spoken in terms of the income. Of course, we
cannot also overlook the fact that as observed, there was no
other material to show that the amount is being paid. The
accident took place in the year 1999. None-the-less, we would
think that it would be fair and just, if we fix the income at
Rs.2,500/= per month. If that be so, the appellant would be
entitled to a sum of Rs.1,08,000/= more towards loss of earning
power. Further, he would be entitled to a sum of Rs.10,000/=
towards loss of earning. We also feel that the amount awarded
towards permanent disfiguration, in the teeth of the finding that
he has lost his marriage prospects, the right hand presents ugly
appearance, is certainly inadequate and he should be paid a sum
of Rs.3,500/= more. Thus, the appellant becomes entitled to a
further sum of Rs.1,21,500/= which will bear interest at 7.5 per
cent from the date of the petition till the date of payment. Thus,
an Award is passed with an enhanced compensation of
MACA 346/04 D 4
Rs.1,21,500/- (Rupees One Lakh, Twentyone Thousand and
Five Hundred) with interest at 7.5 per cent from the date of the
petition till the date of payment against the respondents.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M. L. JOSEPH FRANCIS,
JUDGE
kbk.
// True Copy //
PS to Judge