K. SUSEENDRAN NAIR Vs. A. MOIDEEN KUNJU

JUDGEMENT

(1.) THE appellant met with an accident on 20 -09 -1999 while riding as a pillion rider in a motor cycle when he was knocked down by a tempo van. He sustained very severe injuries and was immediately admitted to Medical College Hospital, Thiruvananthapuram and was discharged on 2.10.1999. He sustained fracture of right tibia with pulmonary embolism. He had developed chest pain and dyspnoea. He was kept in ventilator for five days. He was admitted in the Military Hospital from 19.10.1999 to 30.11.1999 and from 2.12.1999 to 28.1.2000. Thereafter he was admitted in Sri Hari Arya Vaidyasala hospital on 27.6.2000 and was undergoing treatment in Santhigiri Hospital thereafter from 11.7.2000 to 19.7.2000. The appellant says that he was compelled to avail sick leave for several days on account of the injuries.

(2.) THE appellant was working as a Havildar in the Army earning salary of Rs. 7,000/ - per month. He was aged 30 years old at the time of the accident. On account of the injuries he was medically de -categorised to CEE(D) with effect from 17/02/2000. Thereafter, he was placed in medical category BEE(P) with effect from 17.8.2000 and thereafter he was down graded to low medical category with a further order that he will not be eligible for further promotion.

(3.) SR . R.T. Pradeep, the learned counsel for the appellant submits that the compensation awarded under various heads are thoroughly inadequate. It is also submitted that the appellant lost promotion on account of the injury. In addition to that, his prospects for getting re -employment in his capacity as an ex -serviceman after retirement was also permanently lost on account of the injuries. The Tribunal did not take into account all these aspects, it is submitted. His permanent disability was assessed as 10% and the Tribunal awarded very meagre amount towards permanent partial disability as well as loss of amenities.