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2007 Supreme(Online)(KER) 751

HIGH COURT OF KERALA
J.B.KOSHY, K.P.BALACHANDRAN, JJ
SURENDRAN – Appellant
Versus
K.S.R.T.C. – Respondent


Advocates:
SRI.P.V.CHANDRA MOHAN, SRI.T.VENUGOPALAN, SRI.JAMES KOSHY.N., SHRI.JOHNSON P.JOHN

J U D G M E N T

KOSHY,J.

The appellant filed a claim petition before the Motor Accident Claims Tribunal, Irinjalakuda, for the injuries sustained by him on 11.4.1994 while he was travelling as a passenger in a bus owned by the 1st respondent and driven by the 2nd respondent. He claimed that on account of the rash and negligent driving of the 2nd respondent, left side of the bus hit against an electric post and the appellant who was sitting on a side seat sustained serious injuries to his left hand. He was taken to Medical College Hospital, Trichur, where he was treated as inpatient from 11.4.1994 to 2.5.1994. His left hand was amputated at the shoulder level. The appellant was 20 years old and a manual labourer and on account of the injuries he has become permanently disabled resulting in total loss of earning power. A total claim of Rs.4,38,800/- was made which M.F.A.1323/2001 2 was limited to Rs.3,00,000/-. Tribunal found that accident occurred due to the negligence of the 2nd respondent driver of the bus owned by the 1st respondent. Tribunal also found that due to amputation of left hand below shoulder level, there is 40% loss of earning power even though Orthopaedic Surgeon of Me

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