A.K.KRISHNAN Vs. P.J.JOSE

JUDGEMENT

(1.) The injured claimant is the appellant. The claim petition was filed for grant of compensation consequent on the amputation of his leg in an accident. The Tribunal granted a total compensation of Rs.1,69,050/- with interest at 7% per annum against a total claim of Rs.5 lakhs. The accident occurred on 8.10.1998 while the appellant was riding his scooter bearing Reg. No.KL-7T 5068. He was working in TELK, Angamaly. The offending vehicle is a jeep with Reg. No.KL-7R-77 which was coming from the opposite direction and it hit against the scooter. The Tribunal, after an assessment of the evidence, found that the driver of the offending vehicle was negligent. The details of the injuries and the treatment are given in paragraph 9 of the award.

(2.) We extract hereinbelow the following details from the award in paragraph 9 which supports his case of undertaking various treatment procedures:

(3.) It is seen that the appellant had incurred Rs.76,524/- as treatment expenses. This was given by the company in which the appellant was working, but later they recovered an amount of Rs.65,650/-, as he was eligible for two months wages for medical expenses for the accident. Therefore, the Tribunal has granted the said amount of Rs.65,650/- towards medical expenses. Towards loss of leave the Tribunal granted a sum of Rs.10,000/-. Rs.2,000/- has been granted towards transportation charges. For damage to clothing an amount of Rs.200/- and for extra nourishment a sum of Rs.1,000/- have been granted. As far as nursing assistant is concerned, an amount of Rs.2,000/- also has been granted. The retirement age of the appellant is 58. He was aged 40 at the time of accident. Therefore, the multiplier will be 13. The Tribunal assessed his right to get compensation for disability from the age of retirement alone by fixing a notional income at Rs.1,500/-, which according to the learned counsel for the appellant, is not justified. Rs. 43,200/- has been quantified as disability compensation.