High Court Kerala High Court

T.K. Kunhiraman vs Parvathi Amma on 28 November, 2007

Kerala High Court
T.K. Kunhiraman vs Parvathi Amma on 28 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1192 of 2001(D)



1. T.K. KUNHIRAMAN
                      ...  Petitioner

                        Vs

1. PARVATHI AMMA
                       ...       Respondent

                For Petitioner  :SRI.M.V.JOSEPH

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :28/11/2007

 O R D E R
                       J.B.KOSHY & K.HEMA, JJ.
                        --------------------------------------
                        M.F.A.No.1192 OF 2001
                        -------------------------------------
                       Dated 28th November, 2007

                                 JUDGMENT

Koshy,J.

Appellant/claimant met with an accident at the age of 40. He

was a store keeper employed in Eramala Weavers Industrial (Workshop)

Co-operative Society Limited, Vadakara with a monthly salary of

Rs.1,700/=. He has 8% permanent disability as certified by the doctor.

He claimed a compensation of Rs.2,00,000/=, but, Tribunal has awarded

only Rs.36,100/= as compensation. Only quantum of compensation is

disputed in this appeal. It is true that he suffered partial permanent

disability and he has to suffer the same till the end of his life. The

appellant’s employment and salary were not affected due to the

accidental injuries. Considering the total compensation awarded, we are

of the opinion that no interference is required except for compensation

granted for leave wages. He was on leave for 10 months and certificate

was produced. Even if part of the leave was with pay, he could have

availed leave in his credit for other purposes. Therefore, he is entitled

to full leave wages for 10 months, i.e., amounting to Rs.17,000/=.

Tribunal has granted Rs.8,500/=. Therefore, he is entitled to another

Rs.8,500/= than that was awarded by the Tribunal. With regard to other

heads, no enhancement is needed. The above Rs.8,500/= should be

MFA.1192/2001 2

deposited by the third respondent insurance company with 7.5%

interest from the date of application till its deposit. On deposit of the

amount, appellant is allowed to withdraw the same.

The appeal is partly allowed.

J.B.KOSHY
JUDGE

K.HEMA
JUDGE

tks