ANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant is the plaintiff. The suit is one for realisation of damages. The plaintiff was working as a Blue Printer in the Kallada Irrigation Project at Kottarakkara. While so, he met with an accident on 17. 2. 1983. The accident occurred when he opened abottle containing ammonia. Thereafter, he was taken to the District Hospital, Kollam, from where he was sent to the Ophthalmic Hospital, Thiruvananthapuram on 27. 02. 1983 where he underwent treatment for over 48 days as an inpatient. The plaintiff lost sight of his right eye, despite the special treatment given to him. He claimedcompensation for the disability which is more than 50%.

(2.) ACCORDING to the plaintiff, his claim for compensation was disposed of by the government on 17. 12. 1987 granting him a sum of Rs. 3,500/- as ex gratia payment. He contended that the said amount is grossly inadequate and disproportionate to the nature of the injury suffered by him and the loss cannot be assessed in terms of money. He estimated the compensation for damages at Rs. 3 lakhs, but limited his claim in the suit to rs. 50,000/- with 12% interest.

(3.) IN the written statement filed by the defendants, it was contended that the suit is not maintainable and that it is barred by limitation. They admitted the fact that the plaintiff lost his eye sight as a result of the incident. That he was a Blue Printer at Kallada Irrigation project at Kottarakkara was also admitted. The incident occurred while opening the ammonia gas bottle. The defendants contended that the plaintiff should have taken sufficient care while opening the bottle. There is negligence on the part of the plaintiff in handling the bottle which resulted in the accident. All possible help has been extended to the plaintiff by the defendants. The defendants admitted that the plaintiff joined duty on expiry of his leave, he was given promotion and still he was in service. But, they disowned their liability to compensate the plaintiff.