LAWS(KER)-2011-7-327

ANTONY JOSEPH @ SOJAN S/O JOSEPH Vs. TOMICHAN S/O THOMAS; GEORGE JOSEPH S/O K V JOSEPH; ORIENTAL INSURANCE COMPANY LTD

Decided On July 14, 2011
ANTONY JOSEPH @ SOJAN S/O JOSEPH Appellant
V/S
TOMICHAN S/O THOMAS; GEORGE JOSEPH S/O K V JOSEPH; ORIENTAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

(1.) The claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motorcycle accident which took place on 14/4/2002. Against a claim of Rs.2,50,000/-, the Tribunal awarded a total amount of Rs.1,10,250/- as compensation along with interest at the rate of 6% per annum. The challenge is against the quantum of compensation awarded only. The appellant/claimant, a two wheeler motor mechanic, was earning a monthly income of Rs.3,000/- at the relevant time. He had suffered:

(2.) He was an inpatient for 10 days. The Asso. Professor of Orthopedics at the Medical College Hospital, Kottayam, examined him for physical disability and opined in Ext.A10 disability certificate that the permanent partial functional disability is 20% considering the body as a whole. We extract below the relevant portion in the disability certificate:

(3.) The Tribunal reckoned only 10% as the reduction in earning capacity.