IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 763 of 2004()
1. MUHAMMED SALI S/O MUHAMMED KOYA,
... Petitioner
Vs
1. RAJU A., S/O. ACHUTHAN, MUNDANPARAMBU
... Respondent
2. P.ABRAHAM, ULLAPILLY, PUTHENPURA,
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.JOHN BRITTO
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :08/08/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.NO.763 OF 2004 (G)
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Dated this the 8th day of August, 2008
J U D G M E N T
KOSHY,J.
Appellant/claimant, at the age of 20, sustained injuries in
an accident while he was travelling in a lorry as a cleaner.
According to him, driver of the lorry was negligent and as a
result of the accident, he was thrown out of the lorry and he
sustained serious injuries. The 3rd respondent Insurance
company had insured the lorry. He claimed a compensation
of Rs.2 lakhs. Tribunal awarded only a compensation of
Rs.41,000/- with 7.5% interest from the date of petition till
realisation and cost of Rs.750/-. According to the claimant,
the amount awarded was not adequate. He also claimed that
he was getting Rs.4,500/- as the monthly income. He was
aged 20 years. Accident occurred in 1997. Tribunal did not
believe that his monthly income was Rs.4,500/- at the young
MACA.763/04 2
age of 20, and fixed only Rs.1,500/- as the monthly income.
He produced a medical certificate issued by the Doctor,
assessing 15% permanent disability. After considering the
injuries suffered by him as shown in the medical certificate,
tribunal fixed only 5% as the occupational disability and
calculated compensation. Admissible medical bills were
reimbursed. The Insurance company has got a case that if he
is only a passenger, he will not be entitled to any
compensation as he was travelling in a goods vehicle. He is
admittedly not a third party even if he is an employee.
According to him, he was employed as a cleaner in the lorry
which was involved in the accident. If he is a cleaner, he is
entitled to compensation only as provided under the
Workmen’s Compensation Act, as he cannot be treated as a
third party or a passenger. Under the Workmen’s
Compensation Act, if compensation is calculated accepting
15% disability as claimed by the petitioner, amount
calculated for a workman as per the provisions of the Act, as
existed on 23.9.1997, the date of accident will be Rs.40,320/-,
that is less than the amount awarded by the tribunal.
MACA.763/04 3
Insurance company did not file any appeal. Since just and
reasonable compensation is awarded, we are of the opinion
that no interference is required, and hence, this appeal is
dismissed.
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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4th August, 2008