Over 2 lakh Indian cases. Search powered by Google!

Case Details

THE ORIENTAL INSURANCE CO. LTD versus HARIDAS

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


THE ORIENTAL INSURANCE CO. LTD v. HARIDAS - MFA No. 631 of 2001 [2007] RD-KL 15458 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 631 of 2001()

1. THE ORIENTAL INSURANCE CO. LTD.
... Petitioner

Vs

1. HARIDAS
... Respondent

For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)

For Respondent :SRI.P.V.BABY

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice V.GIRI

Dated :10/08/2007

O R D E R

J.B.KOSHY & V. GIRI, JJ.

M.F.A.No.631 of 2001

Dated this the 10th day of August, 2007.



JUDGMENT

Koshy, J.

A 32 year old Auto rickshaw driver met with an accident during the course of employment. He filed an application for compensation under the Workmen's' Compensation Act claiming a compensation of Rs.2,44,620/-. The tribunal awarded a sum of Rs.1,11,213/- assessing 45% loss of earning capacity. The quantum of compensation is questioned by the insurance company. The coverage of insurance policy is not disputed. The accident and other averments are also not disputed. According to the claimant, his monthly income was Rs.3,000/-. Considering the fact that he was an auto rickshaw driver, that was accepted. But, at the time of accident, i.e. 30.3.1997, the maximum monthly income that can be taken was only Rs.2,000/- and that was taken by the tribunal. In Ext.A1 certificate, which was issued immediately after the accident, shows that he was admitted in the Medical College Hospital for treatment and he has got 5% physical disability. But, during the course of treatment, the tip of the 3rd finger was amputated. M.F.A.No.631 of 2001 Thereafter, he was examined by several surgeons and an orthopedic surgeon of Taluk Hospital, Chalakudy. He was an orthopedic surgeon and he has issued Ext.A2 certificate which shows the following injuries:

"1) Loss of tip of left mid finger with malformed nail and painful neuroma formation. 2) Stiffness of 4th and 5th fingers due to partial ankylosis at the DIP joints with only a jog of movement possible. 3) Weak grip. Functionally, he has difficulty for to grip strongly, hold strongly to pull or push with left hand. He has difficulty to hold steering wheel or lift with left hand. He is assessed to have a permanent disability of 13% (Thirteen) and loss of earning capacity of 45% (forty five) as driver."

2. He also gave evidence saying that in view of the loss of grip, he is unable to drive auto rickshaw. According to him, he is entitled compensation for 100% disability. He cannot drive auto rickshaw. That was not accepted by the Commissioner. What is important is not the physical capacity. What has to be considered by the Commissioner is the loss of earning capacity. It is contended that in the schedule to the M.F.A.No.631 of 2001 Workmen's Compensation Act, the compensation for amputation of fingers are mentioned. But here, apart from amputation, two other injuries also i.e. losing of grip and stiffness on other fingers for driving the auto rickshaw. Section 4(1)(2)(ii) states that the Commissioner has to assess the earning capacity on the basis of loss of earning capacity as early as by a qualified medical practitioner. Here the orthopedic medical practitioner has assessed the loss of earning capacity at 45%. The Commissioner as accepted the above and calculated the compensation for 45% disability. In the above circumstances, there is no substantial question of law. The commissioner has assessed the disability in accordance with the provisions of the Workmen's Compensation Act. We see no ground to interfere with the award. Appeal fails, dismissed. Sd/- (J.B.KOSHY)

JUDGE

Sd/- (V.GIRI)

JUDGE

sk/ //TRUE COPY//

J.B.KOSHY & V. GIRI, JJ.

M.F.A.No.631 of 2001

JUDGMENT

10th August, 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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.