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P.S.Sulaiman vs C.N.Purushan on 7 October, 2008

Kerala High Court
P.S.Sulaiman vs C.N.Purushan on 7 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1395 of 2008()


1. P.S.SULAIMAN, AGED 47 YEARS, S/O.PAREED,
                      ...  Petitioner
2. PRASAD, S/O.SIDHAN,
3. THE NEW INDIA ASSURANCE COMPANY LIMITED,

                        Vs


1. C.N.PURUSHAN
                       ...       Respondent

                For Petitioner  :SRI.ANIL S.RAJ

                For Respondent  :SRI.L.G.SURESH BABU

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :07/10/2008

 O R D E R
            J.B.KOSHY & V.K.MOHANAN, JJ.
                  -------------------------------
               M.A.C.A.NO.1395 OF 2008 ()
                -----------------------------------
         Dated this the 7th day of October, 2008

                       J U D G M E N T

KOSHY,J.

Appellant/Claimant sustained injuries in a motor accident

on 26.1.2001. The Medical certificate shows that he had

fracture of C6 Vertebra without neurological deficit. Doctor

certified 30% disability. Tribunal found that no evidence was

produced showing the nature of employment of the appellant.

Despite certificate of 30% disability, according to the Tribunal,

no occupational disability was proved. Therefore, Tribunal

awarded Rs.15,000/- for loss of discomforts and inconvenience

but no compensation was awarded for permanent disability

and loss of earning power. Considering the above

contentions, we have referred the matter to the Medical

Board. Medical Board certified that permanent disability is

zero percent but thereafter it is written that Orthopaedic

MACA.1395/08 2

disability is 17%. Certificate from the Assistant Professor in

Orthopaedics is also enclosed along with the Medical Board

certificate. Since there is no evidence regarding the

employment, though tribunal fixed Rs.2,500/- as the monthly

income, we cannot calculate compensation for loss of

dependency on a multiplier method considering the injuries

sustained. The medical certificate issued by the Assistant

Professor in Orthopaedics shows that

“This gentleman sustained injuries to
his cervical spine following the Accident
which in spite of the best medical
treatment has left him with persistent
disabilities. He has got limitation of
movement of cervical spine along with
local tenderness. Xrays and CT scan of
cervical spine shows evidence of cervical
spine injury at C6 level. I would consider
and recommend a Permanent Partial
Disability of the order of 17% (Seventeen
Percent) for the injuries he sustained to
the cervical spine during the accident.”

Taking all these facts, we award Rs.15,000/- for permanent

disability and loss of earning power. The above amount of

Rs.15,000/- should be deposited by the 3rd respondent

MACA.1395/08 3

Insurance company with 7.5% interest from the date of

application till its deposit over and above the decreed amount

by the Tribunal and on deposit of the above amount, appellant

is allowed to withdraw the same. Appeal is accordingly partly

allowed.

J.B.KOSHY, JUDGE

V.K.MOHANAN, JUDGE
prp

J.B.KOSHY & V.K.MOHANAN, JJ.

——————————————————–

M.F.A.NO. OF 2006 ()

———————————————————

J U D G M E N T

———————————————————

7th October, 2008

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