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VAPPU versus SHAMEER

High Court of Kerala

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VAPPU v. SHAMEER - MFA No. 695 of 2001 [2007] RD-KL 16041 (18 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 695 of 2001()

1. VAPPU
... Petitioner

Vs

1. SHAMEER
... Respondent

For Petitioner :SRI.O.P.NANDAKUMAR

For Respondent :SRI.M.JACOB MURICKAN

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

Dated :18/08/2007

O R D E R

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

M.F.A.NO.695 OF 2001 (B)

Dated this the 18th day of August, 2007



J U D G M E N T

KOSHY,J.

Appellant claimant suffered serious injuries in a motor accident on 20.5.1999 at the age of 30. Appellant was a loading and unloading worker. While he was unloading cement on the goods autorickshaw, it came in a reverse manner and run over the left leg of the petitioner causing fracture injuries. He claimed compensation of Rs.2,00,000/-. Tribunal awarded a compensation of Rs.46,648/-. Tribunal found that accident occurred due to the negligent driving of the autorickshaw which was validly insured by the 3rd respondent Insurance company. Only quantum of compensation is disputed in this appeal.

2. Even though liability of the Insurance company was found, no appeal is filed against that and that finding is M.F.A.695/2001 2 final. Admittedly, the insured was a head load worker and accident occurred while he was unloading cement packets. Tribunal has fixed only Rs.1,500/- as the monthly income. According to the claimant, he was getting more than Rs.150/- per day. Even if he will get Rs.100/- per day, if he get 25 days work in a month, then the monthly income can be assessed as Rs.2,500/-. We are of the opinion that Rs.2,500/- can be fixed as the monthly income. As per Ext.A5 wound certificate, following are the injuries:

1. Crush amputation (L) little finger at middle phalanx level;

2. Partial crush amputation middle phalanx level of (L) ring finger;

3. Lacerated wound over anterior aspect of left knee;

4. Lacerated wound anterior aspect of left leg 9 x 2 cm;

5. Lacerated wound left shin and right knee; and

6. Abrasion lower lip. X-ray revealed fracture middle phalanx level of ring finger and little finger, apart from causing fracture of neck of fibula (L). M.F.A.695/2001 3 Ext.A6 is the discharge summary issued from Moulana Hospital, Perinthalmanna. The finger fractures were contained by 'K' wire fixation; whereas fracture of neck of fibula by POP. Ext.A7 is the disability certificate. The doctor has certified 4% partial permanent disability following the Mc Bridge scale. The Tribunal accepted the medical certificate but did not calculate compensation on a scientific basis. For injury compensation, Rs.7,500/- was granted and for permanent disability Rs.8,000/- was granted. If compensation is calculated taking 16 as the multiplier, for 4% disability, taking the monthly income as Rs.2,500/-, compensation payable will be Rs.2,500 x 12 x 16 x 4/100 = Rs.19,200/-. From which compensation granted for injury and disability have to be deducted. Therefore, additional compensation payable for disability and loss of earning power is only Rs.3,700/-. For pain and sufferings, tribunal has granted Rs.7,500/-. Considering the operation he has undergone and the fractures of finger and fracture on fibula neck, we are of the opinion that Rs.10,000/- ought to have been granted. Therefore he is entitled to additional Rs.2,500/- under that head. Tribunal has granted two months loss of earning as Rs.3,000/-. We are M.F.A.695/2001 4 of the opinion that considering the surgery, treatment period will be more than three months and for three months loss of earning compensation payable will be Rs.7,500/-. Tribunal has granted only Rs.3,000/-. So the additional compensation payable for petitioner's loss of earning during treatment period is Rs.4,500/-. Thus the additional compensation payable will be Rs.10,700/- and the above amount should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till deposit and on deposit of the above amount appellant is free to withdraw the same. Appeal is allowed partly.

J.B.KOSHY, JUDGE

V.GIRI, JUDGE

prp

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

M.F.A.NO.695 OF 2001 (B)

J U D G M E N T

18th 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

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