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2015 Supreme(Ker) 663

T.R.RAMACHANDRAN NAIR, K.P.JYOTHINDRANATH
ROBIN BABU – Appellant
Versus
KUNJAPPAN – Respondent


Advocates:
Advocate Appeared:
For the Appellants : SRI. T.K. KOSHY, SRI. T.A. RAJAN, SRI. P. GIREESH KUMAR
For the Respondents: SRI. RAJAN P. KALIYATH

JUDGMENT :

Ramachandran Nair, J.

The appellant, a Government servant, and is working in the Excise Department is seeking for enhancement of compensation. Before the Tribunal the total claim was for Rs.7 lakhs and the amount awarded by the Tribunal is Rs.4,17,000/-.

2. At the time of the accident, he was aged 36 years. The accident occurred on 3.2.2002 when the motor cycle which he was riding was hit by a lorry driven by the first respondent. The third respondent is the insurer of the vehicle and the finding is that the third respondent is liable to indemnify the owner. The appellant sustained a crush injury in the right ankle with multiple laceration. He was immediately given first aid from the Community Health Centre, Vaikom and he was referred to Medical College Hospital, Kottayam. But on the same day, he was shifted to Specialist Hospital, Ernakulam.

3. Due to the ill fate of the appellant, he had to suffer amputation because of the crush injury. Initially in the specialist hospital, wound debridment was done on three occasions and external fixator was applied. Post tibial ne












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