K J JOSE Vs. ASHRAFF MOHAMMED

JUDGEMENT

(1.) The legal representatives of the claimant in OP(M.V) No.880/93 are the appellants. The late Dr.K.J.Jose suffered injuries on 24/10/92, when he was driving a car bearing No.KLR 6005 along with his family members. It is stated that when he was driving the said vehicle, a tempo van bearing No.KRU 2457 driven by the first respondent came in a rash and negligent manner and hit against the car in which the claimant and his family members were travelling. By the impact of the accident, the claimant suffered serious injuries, which are mentioned in Para 18 of the award. The claim petition was filed for a compensation of Rs.6,41,000/- and by the impugned award the Tribunal awarded a total compensation of Rs.77,365. During the pendency of the appeal, the claimant expired and thereafter, his legal representatives came on record.

(2.) It is seen that through PW2, the disability certificate certifying permanent disability of 45% issued by a Medical Board was proved. But, however the Tribunal accepted only 20% disability and as against claim of Rs.1,50,000/-, awarded compensation of Rs.24,000/- only .

(3.) The submission of the counsel for the appellant is that the Tribunal is erred in reducing the claim amount fixing 20% alone as disability. We note that as a result of the injuries sustained by the late claimant, there was a reduction in the length of his right leg by 2.5 cms. Going through the evidence, we are not in a position to accept the claim of the appellant that there was any reduction in his earning capacity. Resultantly, we are not in a position to accept the disability as certified and award compensation for 45% disability taking the monthly income of the deceased as certified in Ext.A5 salary slip.