ORIENTAL INSURANCE COMPANY LTD Vs. JAYARAJAN

JUDGEMENT

(1.) Does the amputation of one of the legs above knee entitle a headload worker to claim compensation for 100% disability i.e. for total disablement, is the question we were called upon to answer in this appeal. Under challenge in this appeal is the quantum of compensation awarded by the Tribunal for permanent disability to a 35 year old headload worker whose right leg was amputated above knee on account of a crush injury sustained in a road traffic accident on 18/01/2004. The relevant facts can be briefly surveyed.

(2.) The claimant, hereinafter referred to as the respondent, while riding his motorcycle, was hit down by a car insured with the appellant insurance company. Evidently, the car driver was negligent. The respondent was hospitalised with fracture to both bones of his right forearm and crush injury on his right leg with evidence of fracture to right femur. Fracture to the right fronto parietal bone with sub arachnoid haemorrhage and diffused brain oedema were also noticed. His right leg had to be amputated above the level of knee. He was hospitalised for 11 days. He was confined to bed for a few months.

(3.) Against the claim of Rs. 15,00,000/- preferred under Section 166 of the Motor Vehicles Act, the learned Tribunal awarded a sum of Rs. 4,91,100/- as compensation, inclusive of a sum of Rs. 3,84,000/-, awarded towards compensation for permanent disability. The learned Tribunal fixed the permanent disability of the respondent at 100%, though Ext.A9 disability certificate proved through PW1 doctor showed his permanent disability as 45%. This was on the reasoning that the respondent became totally disabled to perform his job as a headload worker. The said finding and the consequential award, according to the appellant insurance company, is not legally sustainable. Hence the appeal.