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.
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M.A.C.A.NO.1395 OF 2008 ()
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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.
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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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7th October, 2008
