POULOSE Vs. SEBY JOSEPH

JUDGEMENT

(1.) One of the claimants in a common award passed by the Tribunal in two claim petitions is before this Court in appeal, seeking enhancement. Both the injured were travelling in a motor bike, which was hit by a car. The car was insured and the driver-cum-owner as also the Insurance Company were the respondents. The appellant claims enhancement of the compensation.

(2.) The appellant was of 38 years of age and was said to be working as an Electrician. The appellant had initially been admitted in a hospital and a wound certificate issued, showing minor injuries. However, later he was admitted to the Christian Medical College, Velloor for treatment for 'left brachial plexus C5 and C6 deep injuries with recovering C7 function'. Before admission to the Velloor Medical College, he was also admitted to the M.O.S.C. Medical College Hospital, Kolencherry; wherein he was treated for seven days. Exhibit A28 is the MRI scan report, showing the de- nervation changes. Exhibit A29 is the report of nerve conduction study. The Medical Board constituted by the Medical College, Thrissur had issued disability certificate, which was marked as Exhibit A39. In the disability certificate, the disabilities indicated was of traumatic brachial plexopathy of motor neuron of upper left limb affecting the movement of shoulder, elbow, left hand grip and finger movements and he was diagonized as having permanent orthopaedic disability and loss of earning capacity. The former is assessed at 40% for the whole body and earning capacity disability assessed at 60%, since he was an Electrician and had difficulty in the movement of the fingers due to the injuries caused in the accident.

(3.) The Tribunal found that there was no evidence led insofar as loss of earning capacity or the income before the accident. The Tribunal, hence, adopted an income of Rs.3,500/- per month. The Tribunal also took the disability at 40% as assessed by the Medical Board for the whole body. The learned Counsel appearing for the appellant seeks enhancement, while the learned Standing Counsel for the Insurance Company asserts that there is absolutely no reason for any interference to the compensation awarded.