BALAGOPALA MENON Vs. P.T.SURESH BABU

JUDGEMENT

(1.) The claimant before the Tribunal is the appellant herein. He sustained injuries in an accident which occurred on 7.9.2004. He was travelling in a tempo van bearing registration No.KL -11A 8005 from Trissur to Ernakulam to his newly rented house at Edappally along with goods. While it was passing through Edappally -Ernakulam road, at 11.30 p.m., in view of the speed of the vehicle and while negotiating a curve at Edappaly ­Cheranallur junction, the claimant was thrown out through the left side of the vehicle and he sustained injuries to the left arm and body. The claimant sustained the following injuries:

(2.) The Police registered a criminal case against the driver of the vehicle. The claimant was treated as an inpatient for a period of 8 days in Medical Centre Hospital, Palarivattom and the treatment continued for another three months under plaster cast.

(3.) The appellant claimed that he was working as Sales Manager with the employer who was examined as P.W.1 and was getting a sum of Rs.9,000/ - as monthly salary. Because of the fractures and radial nerve pasly sustained to the left -hand the appellant had to discontinue his job from 8.9.2004 onwards. Since he has to undertake frequent travel, being a Sales Manager, he is now unable to carry articles having any weight also. In the disability certificate issued by the Medical Board, 12% disability has been found out. The Tribunal did not accept the claim of the appellant that he was getting Rs.9,000/ - per month.