IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1165 of 2002()
1. RAJAN, S/O. POKKAN, AGED 30 YEARS,
... Petitioner
Vs
1. RENUKA, D/O. PADMANABHAN NAIR,
... Respondent
2. T.A.JOY, S/O. ELIAS,
3. NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :15/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No. 1165 of 2002
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Dated this the 15th day of February, 2008
Judgment
Koshy,J.
Appellant/Claimant met with an accident on 13.11.1993.
He claimed a compensation of Rs.4,25,000/-. Tribunal awarded only
Rs.62,420/- with interest. The only dispute is regarding the
quantum of compensation as the accident, coverage of insurance
etc. are admitted. Appellant sustained injuries at the age of 30.
Since he has completed the age of 30, 17 is the apt multiplier. The
tribunal has taken 17 as the multiplier for calculating the
compensation. As a result of the accident, there was compound
fracture shaft of right femur with vascular injury , fracture shaft of
left femur, abrasion on right front vasculating of right leg and he
was treated in the Medical College Hospital as an inpatient for a
long time. Appellant/Claimant produced a medical certificate
assessing 12% disability. The tribunal accepted 12% disability and
compensation was calculated. According to the claimant, he was a
carpenter and was earning Rs.3,000/- per month. In the absence of
any data, the tribunal has taken only Rs.1,500/- as the monthly
M.F.A.No. 1165/2002 2
income. He was maintaining a family and was a carpenter by
profession. Even an unskilled worker in Kerala will get Rs.100/- per
day during that period. Since he was a carpenter, he may get at
least 24 to 26 days work in a moth. So, we fix Rs.2,500/- as the
monthly income. Therefore, compensation for disability will be
Rs.2500 x 12 x 17 x 12 = Rs.61,200/-. Tribunal has awarded only
100
Rs.36,720/-. So, he will be entitled to an additional amount of
Rs.24,480/-. He was in the hospital as an inpatient for 47 days.
Thereafter, he was under rest and implants were put and that had to
be removed. Total amount awarded for treatment was Rs.2,400/-.
There will be many expenses that will not be covered by bills.
Therefore, we are of the opinion that at least a minimum of
Rs.5,000/- ought to have been awarded for the expenses incurred.
So, he is entitled to Rs.2,600/- more in that count. For loss of actual
earnings, tribunal found that he was under treatment for a period of
at least three months in which he was not able to earn anything.
Taking Rs.1,500/- as the monthly income, tribunal has awarded
Rs.4,500/-. Since we have increased the monthly income to
Rs.2,500/- he is entitled to Rs.7,500/- towards actual loss of earnings
for three months period and he is entitled to an additional amount of
M.F.A.No. 1165/2002 3
Rs.3,000/- under this head. So, additional amount payable to him
will be Rs.30,080/-. The above amount of Rs.30,080/- should be
deposited by the third respondent insurance company with 7.5%
interest from the date of application till its deposit over and above
the amount decreed by the tribunal. On deposit of the amount,
appellant is allowed to withdraw the same.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No. 1165/2002 4
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No. 1165 of 2002
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Judgment
Dated:15th February, 2008