ANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PLAINTIFF's (appellant's) suit for damages was dismissed by the Sub Judge, Kottarakkara on the ground of limitation. PLAINTIFF who was working as a blue printer of Kallada Irrigation Project met with an accident on 17-2-1983 while on duty. The accident occurred when he opened a bottle containing Ammonia. Immediately, the plaintiff was removed to District Hospital, Quilon. From there-he was sent to Ophthalmic Hospital , Trivandrum on 27-2-1983. He was treated as an inpatient for 48 days. He lost his right eye sight despite the treatment. He issued suit notice claiming R s. 3 lakhs by way of compensation. In the suit the claim is limited to Rs. 50,000/- with interest thereon at the rate of 12% per annum:

(2.) LEARNED Sub Judge held that the first defendant being the employer is bound to compensate the plaintiff for the injury sustained by him during the course of employment. The Sub Judge also found that the compensation claimed is just and reasonable and that the plaintiff is entitled to get the said amount from the defendants. However the suit was dismissed as the claim is barred by limitation.