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ANANDAN,G.HARIJAN COLONY,UMBERNADU versus JEEVANTH,VADAYA PARAMBIL

High Court of Kerala

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ANANDAN,G.HARIJAN COLONY,UMBERNADU v. JEEVANTH,VADAYA PARAMBIL - MFA No. 559 of 2002(B) [2007] RD-KL 13989 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 559 of 2002(B)

1. ANANDAN,G.HARIJAN COLONY,UMBERNADU,
... Petitioner

Vs

1. JEEVANTH,VADAYA PARAMBIL,
... Respondent

2. BRANCH MANAGER,ORIENTAL INSURANCE

For Petitioner :SRI.T.I.DANIEL

For Respondent :SRI.MATHEWS JACOB

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

Dated :25/07/2007

O R D E R

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

M.F.A. No. 559 of 2002

Dated this the 25th day of July, 2007

Judgment

Koshy, J.

Appellant/claimant sustained serious injuries in a motor accident on 17.9.1992 at the age of 32. He claimed a compensation of Rupees Seven lakhs contending that the accident occurred due to the negligence of the driver of the vehicle insured by the second respondent insurance company. The tribunal found that the accident occurred as alleged and the third respondent insurance company is liable to deposit the compensation, but, the amount awarded was only Rs.87,050/-. Major dispute is regarding compensation awarded for loss of earning capacity and disability.

2. Claimant was a Gangman employed in the Indian Railways. Immediately after the accident, he was admitted in the Pushpagiri Hospital, Thiruvalla. Ext.A4 is the wound certificate, Ext.A5 is the discharge card and Ext.A6 is the medical certificate. It is stated that there was fracture of lower third of humerus, compound fracture of elecranon and fracture of upper 1/3rd of ulna M.F.A.No.559/2002 2 and radius with radial nerve injury. Open reduction and internal fixation were done. He was discharged on 15.10.1992 with advice to review periodically. He had to undergo physiotherapy also. It is his case that, as a result of the accident, he is unable to do any work with his left hand. He was working as a Senior Gangman in the Southern Railway and his salary at the time of accident was Rs.1,753/- for the month of September, 1992. It is his case that as a result of the accident, he was reverted from the post of Gangman to the post of Sweeper and relied on Ext.A14 (b) certificate. According to him, since he was working as a Senior Gangman, he would have been promoted to Grade I Keyman and thereafter to Gangmate and his employment prospects for promotion were closed due to the accident. The medical board certified 20% disability. Since his employment was not lost, the tribunal granted only Rs.50,000/- on a rough and ready estimate for disability as well as loss of earning capacity. It is his contention that even though he was reverted to the post of Sweeper and his salary was protected to that of a Senior Grade Gangman, he lost the entire promotion scope and post retiral benefits like pension, gratuity due to the accident as it is calculated M.F.A.No.559/2002 3 on the basis of the last drawn wages. Further, he has to carry on his life with the disability. Taking all these facts, we are of the opinion that Rs.25,000/= more should be awarded for disability, loss of earning capacity etc. Even though it was contended that the compensation granted under other heads are also meagre, we are not enhancing the same. The above Rs.25,000/- should be deposited by the third respondent insurance company with 8% interest from the date of application till the date of deposit. The appeal is allowed partly. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

vaa M.F.A.No.559/2002 4 J.B. KOSHY AND

K.P.BALACHANDRAN, JJ.

M.F.A.NO.559/2002

JUDGMENT

Dated:25th July, 2007


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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