A.V. RAJAPPAN PILLAI Vs. G.K. ANTONY

JUDGEMENT

(1.) The appellant injured was traveling in an autorickshaw when it met with an accident due to the alleged negligence of the 2nd respondent, the driver of the autorickshaw. The 1st respondent is the owner of the autorickshaw. Both the 1 st and 2nd respondents remained ex-parte before the Tribunal. In the appeal also the 2nd respondent has not been served. The appellant has filed an application for deleting the 2nd respondent for reason of the policy having been admitted; that too a comprehensive policy. In such circumstances, the 2nd respondent is deleted. The appeal survives only for enhancement of compensation.

(2.) The appellant was 44 years old when the accident occurred and he asserted that he is a driver by profession. Nothing is produced to prove the vocation. The Tribunal took the monthly income at Rs.2500/- in the year 2003 the year of occurrence. Considering the fact that there was no serious challenge to the claim of the appellant that he was a driver, the reasonableness of the monthly income fixed by the Tribunal has to be looked into. In the year 2004, the Hon'ble Supreme Court has adopted the monthly income of a coolie as Rs.4500/- in Ramachandrappa v. The Manager, Royal Sundaram Alliance Insurance Company Ltd. [(2011) AIR SC 2951]. In such circumstances, at any rate in the year 2003, the appellant also be treated as having a monthly income of Rs.4500/- per month.

(3.) Ext.A5 is the wound certificate issued by the hospital in which the appellant was admitted at first. The appellant had suffered extensive lacerated wound on dorsum of left foot 20x10x2 cm and extensive skin loss and the tendons of left foot were exposed. X-ray of left foot was taken and it showed no bony injuries. Ext.A6 is the discharge summary which shows degloving injury over dorsum of left foot and he was discharged on 15.07.2003. The medical bills produced were allowed almost to the full extent. The Tribunal found that the claimant would have suffered total incapacitation for three months and awarded loss of earnings on the basis of the monthly income fixed. Ext.A7 is a disability certificate issued by an Orthopedic Surgeon attached to the Taluk Head Quarters, Muvattupuzha which stated that the appellant had partial ankylosis of left ankle, flap cover oedema and post traumatic stiffness of 2, 3, 4 and 5th toes of left foot and a permanent disability of 11% was assessed.