M.NALLASAMY Vs. JAMESKUTTY KURIAN,S/O.KURIAN

JUDGEMENT

(1.) THE appellant suffered very serious injuries in a motor accident caused by the negligent driving of a vehicle owned by the first respondent, driven by the the second respondent and insured with the third respondent. He filed O.P.(M.V.) No.802 of 2003 before the Motor Accidents Claims Tribunal, Thrissur claiming compensation for the injuries and consequent disabilities suffered by him. The Tribunal, after finding negligence on the part of the driver, assessed compensation under various heads as follows:

(2.) THE first contention is that, the Tribunal has erred in fixing the percentage of loss of earning capacity. On account of the injuries, the appellant's right leg was amputated above the knee. The Tribunal sought to follow Schedule I of the Workmen's Compensation Act to fix the percentage of loss of earning capacity. But, instead of adopting the percentage fixed in Schedule I of the Workmen's Compensation Act, the Tribunal wrongly adopted 55%, which is not included in the schedule at all, on the ground that in Ext.A3 a stump was mentioned to be left, the length of which was not mentioned. According to the appellant, when the Workmen's Compensation Act prescribes 60% as the percentage of loss of earning capacity for amputation below middle thigh to below knee, the Tribunal could not have fixed a different percentage for the same injury. The appellant has also got a contention that since the appellant was 33 years old at the time of accident, the Tribunal ought to have adopted 17 as the multiplier, instead only 16 was taken. The appellant also contends the compensation fixed for pain and suffering and loss of amenities in life are also on the lower side. Therefore, the appellant seeks enhanced compensation under these heads.

(3.) HE also argues to sustain the quantum of compensation fixed under the other heads also.