THULASI Vs. C.A. ABDUL SALAM

JUDGEMENT

(1.) THE appellants are the widow, children and aged mother of one Rahulan who sustained injuries in a road traffic accident occurred on 04/09/2000.

(2.) ALLEGEDLY while the deceased Rahulan was standing near the Railway Goods Yard at Aluva in connection with his duty as a loading and unloading worker, the lorry driven by the 1st respondent knocked him down. As a result of the accident Rahulan sustained injuries. Allegedly he was hospitalised on the date of the accident and he continued as inpatient till 17/03/01. Though discharged on 17/03/01, he breathed his last on 22/03/01. Thus, the claim was preferred by his widow, children and aged mother. It is alleged that the death of Rahulan was the proximate result of the injuries sustained by him in the accident. The learned Tribunal after consideration of the evidence treated the claim as one for compensation for injury and awarded a sum of Rs. 80,250/ -. The adequacy of the compensation is under challenge in this appeal.

(3.) DURING the course of the argument, the learned counsel for the appellants took us to the relevant page of the award which details out the injuries. He was admitted to the hospital with complaints of pain over left shoulder. Clinical examination revealed a suspected fracture to left scapula. The medical records would reveal that he had cardiological consultation also to rule out the possibility of rupture of heart valve. Ext.A6 is the Discharge Summary issued by the Cardiology Department of Samaritan HospitalPazhanganad. The said certificate would reveal that he was admitted to the hospital on 04/09/2000 and was discharged on 17/03/2001. The Doctor who had examined the deceased noted the following history: