Kerala High Court
B.K.Koya vs Ahammed Kabeer on 14 October, 2008
Author: Koshy
Bench: J.B.Koshy, K.P.Balachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1807 of 2007()
1. B.K.KOYA, 51 YEARS,
... Petitioner
Vs
1. AHAMMED KABEER,
... Respondent
2. SELVARAJ, 36, NO.98 HOUSE,
3. THE NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.K.JANARDHANAN
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :14/10/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.NO.1807 OF 2007 (A)
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Dated this the 14th day of October, 2008
J U D G M E N T
KOSHY,J.
Appellant/Claimant, at the age of 43, sustained injuries in a motor accident on 25.8.1998. He sustained fracture of right ankle. Medical Board certified 20% disability. That was accepted. Only Rs.1,800/- was taken as the monthly income and total compensation awarded was Rs.1,37,400/-. We note that the appellant was 43 years old. He was maintaining a family. According to him, he was getting a monthly income of Rs.5,000/- as a head load worker and as a result of the accident, he was unable to do the work and he lost the job. Even though medical certificate shows only 20% disability, he is unable to do any work. He had bed scaring and keloid over dorsum of right foot as can be seen from the Medical Certificate. Apart from the fracture of left ankle, there was difficulty in walking. Accident occurred in 1998. Even MACA.1807/07 2 though monthly income of Rs.5,000/- as claimed cannot be accepted, since he was a head load worker and was maintaining a family, we are of the opinion that atleast Rs.100/- can be fixed as the daily income and he may get atleast 25 days work in a month and thus the monthly income can be fixed as Rs.2,500/-. He was aged 43 years at the time of accident and taking guidelines from the 2nd Schedule, 15 is the apt multiplier. But Tribunal has taken only 13 as the multiplier. We are not changing the same as 2nd schedule need be taken only for guideline. Hence, for 20% disability and loss of earning power, compensation payable will be Rs.2,500 x 12 x 20/100 x 13 = Rs.78,000/- instead of Rs.56,000/-. Thus the additional amount payable on this count will be Rs.22,000/-. The total amount awarded by the Tribunal was Rs.1,37,400/-. (There is a typical error at the last paragraph of the award, the amount is shown as Rs.1,32,400/-). The additional amount of Rs.22,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the Tribunal. On deposit MACA.1807/07 3 of the same, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed.
J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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14th October, 2008