High Court Kerala High Court

K.Raja vs C.David on 21 November, 2008

Kerala High Court
K.Raja vs C.David on 21 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 783 of 2005()


1. K.RAJA, S/O.KOVINDAN,
                      ...  Petitioner

                        Vs



1. C.DAVID, VELLALER EAST STREET,
                       ...       Respondent

2. M.S.RETHNAKUMAR,

3. THE DIVISIONAL MANAGER,

                For Petitioner  :SRI.K.P.DANDAPANI (SR.)

                For Respondent  :SRI.S.MAMMU

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :21/11/2008

 O R D E R

J.B. Koshy & Thomas P.Joseph, JJ.

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M.A.C.A. No.783 of 2005

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Dated this the 21st day of November, 2008

Judgment

Koshy,J.

Appellant/Claimant sustained injuries in a motor

accident on 4.9.1999. He claimed a total compensation of

Rs.30,00,000/-. Tribunal has awarded Rs.1,91,500/- as total

compensation and directed the third respondent-insurance company

which insured the offending vehicle to deposit the same. The only

dispute is regarding the quantum of compensation. As a result of

the accident, appellant sustained crush injury on the right hand,

above elbow level and his right hand from above elbow level was

amputated. Doctor certified 70% disability as can be seen from

Ext.A7, disability certificate. Even going by the schedule under the

Workmen’s Compensation Act, amputation of the hand above elbow

is 70%. There is no dispute regarding the injuries sustained by the

appellant, but, Tribunal noticed that he was a Development Officer

in the United India Insurance Company Limited. Being a public

sector undertaking, he was not thrown out. He continued to get

salary and, therefore, Tribunal fixed a notional income of Rs.2,000/-

M.A.C.A.No.783/2005 2

after retirement and calculated compensation for disability taking 5

as the multiplier as he will retire only at the age of 60 and for a

motor accident victim aged 60 multiplier under the second schedule

is 5. Tribunal also fixed Rs.50,000/- for loss of amenities. It is the

contention of the appellant that as a result of the accident and

amputation of his hand, his promotion chances are lost. Appellant

also produced Ext.A13, Development Officers’ Scheme Book which

shows that a Development Officer would have got incentives for the

work done but because of the accident he is unable to write and

thus he lost the chance to earn incentives and he was receiving only

minimum salary, that too, loosing the promotional prospects. It is

contended that these aspects were not considered by the Tribunal

while assessing the compensation for disability. Appellant produced

Ext.A12 quotation for an artificial limb. He also produced Ext.A11

certificate wherein it is stated that cost of artificial limb will not be

reimbursed by the company. Medical expenses alone were

reimbursed and that was not awarded by the Tribunal also. Only

Rs.10,000/- was awarded for the incidental expenses not covered by

bills and the actual medical bills were not reimbursed by the

Tribunal as it is reimbursable by the company. Appellant has to

suffer the difficulties till the end of his life. Chances of getting a job

after retirement are also lost. Appellant sustained injuries at the

age of 38. The amount of incentive he was receiving is reflected in

M.A.C.A.No.783/2005 3

Exts.A9, A10 and Ext.A14 statement. According to the appellant, he

lost everything. Since the accident occurred at the age of 38,

multiplier to be fixed as per the second schedule is 16. We are of

the opinion that compensation cannot be calculated in this case on a

multiplier basis as the appellant continued to be in employment

upto 60 years of age, but, at the same time, he lost all incentives

and chances of promotion were also lost. Further, he also lost the

opportunity of getting another job after retirement. In addition to

that, he had to purchase artificial limb cost of which was not

reimbursable by the company. Taking all these aspects, we are of

the view that the appellant is entitled to get another Rs.1,50,000/-

as additional compensation. The said amount of Rs.1,50,000/-

should be deposited by the third respondent insurance company

with 7.5% interest from the date of application till its deposit. On

deposit of the amount, appellant is allowed to withdraw the same.

Appeal is allowed in part as above.

J.B.Koshy
Judge

Thomas P. Joseph
Judge

vaa

M.A.C.A.No.783/2005 4

J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.

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M.A.C.A.No. 783/2005

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Judgment

Date:21st November,2008