BABY JOHN Vs. KIZHAKKE VEETTIL SABIN

JUDGEMENT

(1.) Appellants in both the appeals are respectively the husband and wife who were injured in an accident on 4.8.2002 along with their child while they were waiting for a bus at Cherupuzha. The offending vehicle, a bus bearing Reg.No.KL 10 G 2673, hit against them and serious injuries have been caused. Altogether three applications were filed namely for compensation for the husband, the appellant in M.A.C.A.No.2570/2010 and for the appellant in M.A.C.A No.2575/2010 and for the child.

(2.) Firstly, we will take M.A.C.A.No.2570/2010. Going by the details discussed by the Tribunal, he was aged 24 at the time of the accident. He claimed that he was a Sales Executive and was earning Rs.4,500/ - per month. He was examined as PW1 and at that point of time, he submitted that he was employed at FBM Exports,Kannur Raod, Calicut. Ext.A4 is the document produced to show that he was earning Rs.8,400/ -. The Tribunal did not accept it in the light of the fact that in the claim petition he claimed his job as Sales Executive and the monthly income was also claimed only at Rs.4,500/ -. It was found that Ext.A4 has not been proved by examining anybody and therefore the Tribunal fixed the monthly income at Rs.3,000/ -.

(3.) The appellant was admitted in the Academy of Medical Sciences Hospital, Pariyaram and Ext.A2 is the accident register cum wound certificate. He sustained various injuries. He was admitted subsequently in the MIMS Hospital, Kozhikode on 20.8.2002 and was discharged on 30.9.2002 which is supported by Ext.A6 discharge summary. Therein it is shown that he sustained Gr. III fracture of left femur. Again he was admitted in the hospital on 22.10.2002 and was discharged on 26.10.2002 as seen from Ext.A7. Ext.A8 evidences his admission later on 1.11.2002 and discharge on 5.11.2002. Again he was admitted on 17.6.2003 and was discharged on 19.6.2003 which is supported by Ext.A9 discharge summary. Thus he was hospitalised for a total period of 54 days on different occasions and underwent two surgeries.