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C.P. POLLEY versus P.Y. ABU SALIH

High Court of Kerala

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C.P. POLLEY v. P.Y. ABU SALIH - MFA No. 532 of 2001 [2007] RD-KL 13753 (23 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 532 of 2001()

1. C.P. POLLEY
... Petitioner

Vs

1. P.Y. ABU SALIH
... Respondent

For Petitioner :SRI.P.VIJAYA BHANU

For Respondent :SRI.M.A.GEORGE

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :23/07/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.F.A.532 OF 2001 Dated 23rd July, 2007

JUDGMENT

Koshy,J.

Appellant/petitioner met with a motor accident in which he sustained very serious injuries. He claimed a compensation of Rs.6,50,000/=, but, the Tribunal awarded only Rs.1,57,435/=. Only quantum of compensation is disputed in this appeal and we are considering that question only as finding regarding negligence, liability of the insurance company etc. have become final. Appellant was the Branch Manager of South Indian Bank. His monthly salary, taking basic pay and DA, was Rs.14,537/=. He was aged 51 at the time of accident. As far as the disability is concerned, he sustained serious injuries on his right leg. The doctor certified 40% disability. The Tribunal has seen the appellant and observed as follows:

"I had occasion to see the petitioner on the date of the trial. At present he is ambulated with a clutch. He is wearing a leg cast on the right leg up to knee. To know the present condition of his leg the petitioner was asked to remove the leg cast in my presence. The right leg has a disfiguration with a bent at a lower 3rd. There is slight shortening to that leg. There is scar on the pelvic region due to the graft taken from that area. There is MFA.532/2001 2 scar of skin grafting on the left thigh also. I could feel by touching that his clavicle is not united. So, undoubtedly, the injuries sustained by him has caused a residual disability to the petitioner." It is true that since he was not terminated from service and he was continuing in his job, compensation need not be calculated on a multiplier basis. But, we have to take into consideration that he has to continue the difficulties throughout his life. The difficulty for getting another job after retirement due to his disability cannot be ruled out. After considering the facts that there was disfiguration, clavicle was not united, there was bent at lower third and there was shortening by two inches, the Tribunal has awarded an amount of Rs.50,000/= for disability and loss of earning capacity. He was on leave for 180 days out of which Tribunal has reimbursed only for the privilege leave taken. Privilege leave could have been encashed at the time of retirement. Thus, for loss of actual earnings for 69 days of privilege leave taken, Rs.33,435/= was given. It is pointed out that at the time of retirement, leave salary will be calculated on the basis of the last drawn wages. He had availed sick leave for 108 days from his credit. Therefore, in future, he has to take loss of pay leave. Casual leave also could have been taken for other purpose, MFA.532/2001 3 that is lost. If leave salary for 180 days is calculated, the amount payable will be Rs.87,222/=. After deducting Rs.33,435/= awarded by the Tribunal, balance will be Rs.53,787/=. He has to suffer the disability throughout his life. Considering the nature of injuries, he needs future treatment. Taking all these matters, for loss of earning due to disability, consequential loss of amenities, loss of earning power after retirement and for future treatment together we grant Rs.60,000/= more than that was awarded by the Tribunal. The above amount should be deposited by the third respondent insurance company with 7% interest from the date of application till its deposit. The appeal is partly allowed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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