IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 838 of 2008()
1. SASIDHARAN NAIR, S/O.RAGHAVAN NAIR
... Petitioner
Vs
1. ABDUL SALAM, S/O.SUBAIDA BEEVI
... Respondent
2. ANZ. S., S/O.UTHAMAN RAWTHER
3. BRANCH MANAGER
For Petitioner :SRI.T.K.KOSHY
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/05/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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M.A.C.A.No.838 OF 2008
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Dated 23rd May, 2008
JUDGMENT
Koshy,J.
Appellant/claimant sustained serious injuries in a motor
accident on 25.4.2000. As a result of the accident, he sustained fracture
of middle of right femur apart from lacerated wounds. He was
hospitalised for 36 days. A certificate dated 7.6.2002 from the District
Medical Board of the District Hospital, Kozhencherry was produced
showing 63% permanent disability. But, apart from the injury to the
right leg, there is no fracture to any other bones. After the above
medical examination he was treated in 2003. Medical expenses for
treatment in 2003 also was reimbursed. Medical Board assessed
disability before completition of treatment. Tribunal accepted 32%
permanent disability. On going through the medical certificate and
considering the nature of injuries, we are of the opinion that percentage
of disability was ascertained only with respect to that limb and even 32%
whole body disability assessed by the Tribunal is on the high side.
According to the appellant, he underwent a course of practical training in
television servicing. He also produced rent receipt to show that he was
MACA.838/2008 2
conducting an electronics shop. Considering the nature of work he
was doing ,Rs.2,500/= per month was taken as multiplicand for
calculating compensation. For permanent disability alone
Rs.1,53,600/= was awarded apart from the reimbursement of medical
bills and total amount granted was Rs.3,03,600/= with interest and
costs. Considering the nature of injuries and total compensation
granted including interest of 7.5%, we are of the opinion that just and
reasonable compensation was awarded and no interference is
required in the award.
The appeal is dismissed.
J.B.KOSHY
JUDGE
P.N.RAVINDRAN
JUDGE
tks