KRISHNACHANDRA KURUP V Vs. MANAGING DIRECTOR KSRTC

JUDGEMENT

(1.) THE claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 7/4/2003. He had suffered multiple grievous injuries. THE injuries included Trochanteric fracture of shaft of right femur, fracture dislocation of right elbow, ulnar nerve injury of right upper limb at the level of elbow, fracture of 10th and 11th ribs with bilateral pneumothorax and intracranial head injury. He was an inpatient for a total period of 82 days. He claimed to be employed as Manager in a private establishment which was then franchisee of MRF tyres. He produced a salary certificate to show that the basic salary of Rs.4,000/- and inclusive of allowances, his gross salary was Rs.7500/-. According to him, he had suffered permanent disability as a result of the accident. He produced two certificates to show that he has neurological disability of 27% and orthopedic disability of 26%. He examined only himself as a witness. No Doctor was examined. THE appellant/claimant was not referred to any Medical Board.

(2.) THE Tribunal, on an anxious consideration of all the relevant inputs, came to the conclusion that the appellant is entitled for a total amount of Rs.3,55,100/- as compensation as per the details given in paragraph 8 which we extract below:

(3.) WE have considered all the relevant inputs. The appellant is shown to be a young man aged 22 years. He is well qualified. He held a Diploma in Mechanical Engineering. He was employed as a Manager by a private tyre dealer. The salary certificate shows that his monthly income was Rs.7500/-. The Tribunal reckoned the same only at Rs.2500/- for the purpose of ascertaining the actual loss of earnings. However, while reckoning the monthly income for the purpose of reduction in earning capacity, the Tribunal took only Rs.2000/- as the monthly income. WE are in agreement with the learned counsel for the appellant that the monthly income has not been correctly taken.