K P KURIAN Vs. MANAGING PARTNER HINDUSTAN SHIPPING COMPANY
LAWS(KER)-1974-7-6
HIGH COURT OF KERALA
Decided on July 17,1974

K.P. KURIAN Appellant
VERSUS
MANAGING PARTNER, HINDUSTAN SHIPPING COMPANY Respondents

JUDGEMENT

- (1.) The applicant in W. C. No. 176 of 1970 on the file of the Commissioner for Workmen's Compensation, Ernakulam is the appellant. The only respondent is Opposite Party I before the Commissioner. Opposite Party II, the State Insurance Officer, Trivandrum and Opposite Party III, the Chembra Peak Estates, are not made parties in this appeal. The appellant - applicant met with an accident while he was employed as a driver in the respondent's car on 15-9-1968 and he sustained severe injuries.
(2.) The fact of employment, the accident and the nature of injuries were not disputed by the employer. On 15-9-1968 when the appellant was driving the car K.L.K. 5842 at a place called Koduvally the car collided with a tractor and the appellant sustained a fracture of his right leg, right rib and right reararm. The appellant had to be treated in the Medical College Hospital, Kottayam for four months. The appellant had a valid driving licence when he was involved in the accident.
(3.) The Associate Professor, Medical College Hospital, Kottayam who treated the appellant issued the medical certificate marked as Ext. P1 in the case. As per Ext. P11 though the fracture is united with shortening of 2.5 c.m., there is limitation of movements of hip and knee. The Associate Professor has stated in Ext. P1 that the disability produced by the injury is 50% of earning capacity.;


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