PRAKASAN S/O KUTTAN Vs. REJI @ OUSEPH S/O MATHEW; V M JOSE S/O MATHAI; ORIENTAL INSURANCE CO LTD; RAVEENDRAN E K, EAZHA PARAMBIL HOUSE

JUDGEMENT

(1.) Claimant in O.P.M.V.No.2014/1997 on the files of the MACT, Kottayam is the appellant. The appeal is filed seeking enhancement of the compensation awarded. The accident occurred when an Autorickshaw in which the appellant was traveling collided with another Autorickshaw. The appellant sustained fracture and dislocation of left ankle joint, fracture of tarsal and metatarsal bones, due to the crush injuries sustained on the left leg. There was severe vascular impairment and bone loss which necessitated below knee amputation of left leg.

(2.) The appellant was working as a 'Gardener' in a Nursery and claims to have been earning monthly income of Rs.4,000/- (Rupees Four Thousand only). He was at the age of 37 years at the time of accident. Medical Board had issued Ext.A13 Disability Certificate assessing the extent of permanent disability at 40%. The Tribunal awarded a total compensation of Rs.2,47,500/- (Rupees Two Lakhs Forty Seven Thousand and Five Hundred only). For computation of permanent disability, the tribunal adopted monthly income at Rs.2,000/- (Rupees Two Thousand only) and multiplier of 15.

(3.) Heard learned counsel for the appellant and standing counsel for the third respondent Insurance Company. Contention of the appellant is that the income adopted by the Tribunal is highly unrealistic and inadequate. It is further contended that amounts awarded under other heads are also on the lower side. The learned counsel also contended that inspite of evidence regarding amputatin of one of the limbs, the Tribunal has not awarded any amount considering the requirement for frequent change of artificial limb and towards expenses for future care and treatment.