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2005 Supreme(Ker) 674

M.RAMACHANDRAN, K.K.DENESAN, M.N.KRISHNAN
The Oriental Insurance Co. Ltd. – Appellant
Versus
V. Hariprasad – Respondent


Judgment :-

Ramachandran, J.

When the above Miscellaneous First Appeal came up for hearing, a Division Bench, consisting of the Honourable Mr. Justice K.A. Abdul Gafoor and the Honourable Mr. Justice K.M. Joseph, noticed that there is apparently conflicting views expressed by two Division Benches on the question canvassed by the appellant – the Oriental Insurance Company Limited, namely, whether compensation could be awarded separately on account of permanent disability and also on account of loss of earning capacity. The learned Judges were of the view that since the question is raised most often, an authoritative pronouncement on the issue is required to be made. The question has been referred for consideration of a Full Bench, in the above context.

2. Sri. V. Hariparasad, first respondent herein, aged about 18 years, sustained an amputation injury in a motor accident, which had occurred on 13-11-1993, whereby his right hand had been chopped off from the shoulder. Evidently the trauma and loss suffered was substantial. A claim under sections 14 and 166 of the Motor Vehicles Act, read with Rule 371 of the Kerala Motor Vehicles Rules, 1989 was got preferred. He had claimed a total co



































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