IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 310 of 2003()
1. SURESH KUMAR, AGED 37 YEARS,
... Petitioner
Vs
1. V.CHINNA DURAI S/O. VELU PILLAI,
... Respondent
2. M/S. RANI, MANGAMMAL TRANSPORT
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :SRI.P.CHANDY JOSEPH
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :03/04/2008
O R D E R
J.B.Koshy & K. Hema, JJ.
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M. F.A.No. 310 of 2003
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Dated this the 3rd day of April, 2008
JUDGMENT
Koshy, J.
Appellant, a heavy vehicle driver, sustained injuries in an accident.
Against a claim of Rs.3,00,000/-, Tribunal awarded Rs.65,425/- and
directed the 2nd respondent to deposit the compensation. Only the quantum
of compensation is disputed in this appeal.
2. The discharge summary would show the following injuries:-
1. Fracture of both bones left leg junction of mid and
lower 3rd.
2. Fracture of radial head left elbow
3. Fracture of 7th rib left
4. Zone IV extensor tendon injury. Extensor indices and
E.D. slip to index finger right hand.
The Tribunal fixed only Rs.1,750/- as the monthly income of the appellant.
The appellant was a heavy vehicle driver. According to him, he was getting
salary of Rs.5,000/- At the time of the accident, he was driving a mini lorry.
The accident occurred in 1995. A lorry driver gets minimum of Rs.100/- per
day. If calculating 25 days’ work, at least he will be entitled to Rs.2,500/-
MFA 310/03 -2-
per month. Therefore, the Tribunal ought to have awarded Rs.7,500/- for
loss of actual earnings for three months. The Tribunal awarded Rs.5,250/-.
If that be so, he is entitled to Rs.2,250/- more on that count. Since no
disability certificate is produced, no compensation was awarded for
disability or loss of earning power. We are of the view that having fracture
of both legs as well as fracture of 7th rib left and radial head left elbow will
affect his work as a heavy vehicle driver. For disability and loss of
amenities and inconvenience in life, Rs.7,500/- is granted. Tribunal rejected
the bill for ambulance expenses. Rs.250/- will be granted towards medical
expenses.
2. Thus, over and above the amount awarded, the appellant will be
entitled to Rs.10,000/-. The above amount should be deposited by the 2nd
respondent with 7.5% interest per annum from the date of the petition till its
deposit. On deposit the appellant is allowed to withdraw the same.
Accordingly, the appeal is partly allowed.
J.B. Koshy, Judge
K. Hema, Judge
mn.
MFA 310/03 -3-
J.B.Koshy & K. Hema, JJ.
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M. F.A.No. 310 of 2003
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JUDGMENT
3rd day of April, 2008