MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION III LIMITED Vs. VEDANAYAGAM

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred against the award and decree, dated 22.03.1999 made in M.C.O.P.No.31/95 on the file of the Motor Accidents Claims Tribunal / Subordinate Judge, Thiruvallur.

(2.) THE brief facts of the case are as follows:

(3.) AS per the decision of the Full Bench of the Kerala High Court reported in 2006 (1) CTC 81 (Oriental Insurance Co., Ltd., v. Hariprasad), compensation for permanent disability and loss or earning power cannot be awarded in different heads. But, here in this case, the Tribunal has awarded for 35% of permanent disability, Rs.25,000/- and for loss of earning power, Rs.25,000/- and totally a sum of Rs.50,000/-. The respondent / claimant has produced Discharge Summary obtained from the Government Hospital, which was marked as Ex.P2, wherein the fracture sustained by the respondent / claimant has been specifically stated and he was in-patient in the Government Hospital for 20 days, as per the Discharge Summary, Ex.P.2. AS per the evidence of the doctor, P.W.2, the respondent / claimant has sustained 35% of permanent disability and on the basis of the available evidence, the claims Tribunal has awarded a total sum of Rs.50,000/- towards permanent disability and for partial loss of earning power, which cannot be considered as exorbitant.