LAWS(KER)-2015-5-54

REJI P. ALEX Vs. S. JALAJAMANI AND ORS.

Decided On May 28, 2015
Reji P. Alex Appellant
V/S
S. Jalajamani And Ors. Respondents

JUDGEMENT

(1.) IN this appeal filed by the claimants the main grievance is regarding the non -consideration of his employment as a driver in gulf countries. The Tribunal even though considered the evidence produced by the appellant did not award compensation by treating him as a driver working in Dubai but applied the Indian conditions and then fixed monthly salary at Rs. 6,000/ -.

(2.) FOR having a complete picture of the accident and injuries we will refer to the following details: The accident occurred on 18.1.2003 at about 9 p.m. while he was riding a motorcycle bearing registration No. KEE/4152 through Kottamukal - Vadakkedathukavu public road. It was hit by an ambassador car bearing registration No. KL -05/D 8868 and as a result of which he sustained very serious injuries including compound fracture on his right leg. He was immediately taken to the Maria Hospital, Adoor and after giving first aid he was referred to Century Hospital Mulakuzha. He was treated there as an inpatient till 4.2.2003. Again he was treated there from 20.2.2003 and discharged on 1.3.2003. Subsequently also he had underwent inpatient treatment in different hospitals.

(3.) HEARD both sides. Exts. A1 to A24 series have been produced before the Tribunal and he was examined as P.W. 1. The Tribunal found that the driver of the offending vehicle was negligent. We are not called upon to decide anything about the legality of the said finding. Therefore we concur with the same.