IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 283 of 2004()
1. RADHAKRISHNA, S/O.RAMASWAMY,
... Petitioner
Vs
1. ASHRAFUDEEN, PALAVILAYIL,
... Respondent
2. SURESH BABU, S/O.KUTTAN PILLAI,
3. M.S.NOUSHAD,S/O.MUHAMMED SALI,M.S.MANZIL
4. M/S.ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.A.R.GEORGE
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :08/12/2009
O R D E R
C.N.RAMACHANDRAN NAIR AND C.K.ABDUL REHIM. J.J
--------------------------------------------
M.A.C.A.No.283 of 2004
------------------------------------
Dated this the 8th day of December, 2009
J U D G M E N T
C.K.Abdul Rehim.J
1. The claimant before the Tribunal is in appeal seeking
enhancement of the quantum of the compensation awarded. The
accident occurred when a Mini Lorry hit against the motor cycle on
which the appellant was riding. The appellant is a ‘Tinker’, aged 33
years at the time of accident. The appellant sustained segmental
fracture of left femur, inter condylar fracture of left femur, compound
fracture of left radius, fracture distal 3rd of left tibia, compound
fracture lower end of right radius, fracture of right ankle and fracture
of right tibia, along with lacerated injuries. He was treated at the
Medical College Hospital, Thiruvananthapuram as inpatient for a
considerably long period. Thereafter he continued treatment as
outpatient. The injuries sustained had resulted in permanent
disability which is assessed as 30% as per Ext.A11 Disability
Certificate. The Tribunal awarded compensation adopting the
M.A.C.A.No.283 of 2004
2
disability at 20% and multiplier of 17. The monthly income of the
appellant was fixed at Rs.1,800/- for the purpose of computation. A
total compensation of Rs.1,72,940/- (Rupees One Lakh Seventy Two
Thousand Nine Hundred and Forty only) was awarded.
2. Heard, the learned counsel for the appellant and standing
counsel for the fourth respondent. The appellant contended that
inspite of production of Ext.A11 Certificate and inspite of examination
of Pw2 Doctor, who had issued the certificate, the Tribunal had
reduced the extent of disability from 30% to 20%, without any basis .
It is also contended that monthly income adopted by the Tribunal at
Rs.1,800/- (Rupees One Thousand and Eight Hundred only) is highly
inadequate.
3. On an anxious consideration of the award and on
evaluating the evidence record, we notice that the appellant had not
produced any documentary evidence to prove his occupation and
income. However, considering the fact that the appellant is a skilled
worker as a ‘Tinker’, we are inclined to re-fix his monthly income at
M.A.C.A.No.283 of 2004
3
Rs.2,000/- (Rupees Two Thousand only). We further notice that
Ext.A11 Disability Certificate was proved in evidence by examination
of Pw2 Doctor. The elaborate testimony of Pw2 narrates the
incapacities, difficulties and discomforts of the appellant. But the
Tribunal without stating any reason had adopted the disability only at
20%, instead of the specific assessment at 30%. Hence we are
inclined to adopt the extent of disability at 30% itself. Computed on
the above basis, compensation for permanent disability and loss of
earning power need be re-fixed at Rs.1,22,400/- (Rupees One Lakh
Twenty Two Thousand and Four Hundred only) [ 2000 X 12 X 17 X
30% ]. This will entitle the appellant for an enhancement of
Rs.48,960/- (Rupees Forty Eight Thousand Nine Hundred and Sixty
only) [Rs.1,22,400 – Rs.73,400].
4. In the result the appeal is allowed in part enhancing the
total compensation of Rs.1,72,940/- (Rupees One Lakh Seventy Two
Thousand Nine Hundred and Forty only) awarded by the Tribunal by
a further sum of Rs.48,960/-(Rupees Forty Eight Thousand Nine
M.A.C.A.No.283 of 2004
4
Hundred and Sixty only), which will carry interest at the rate of 7.5%
per annum from the date of the claim petition till payment. The fourth
respondent Insurance Company is directed to make payment of the
amount within a period of 2 months from the date of receipt of this
judgment.
C.N.RAMACHANDRAN NAIR, JUDGE
C.K.ABDUL REHIM, JUDGE
ssn