IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 77 of 2002(B)
1. UROLATH NIRMAL KUMAR,
... Petitioner
Vs
1. VALLIKAPATTA AMARUDEEN, S/O.HAMZA,
... Respondent
2. V.JAYAPRAKASH, S/O. AYYAPPAN,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.S.V.BALAKRISHNA IYER
For Respondent :SRI.MATHEWS JACOB
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :28/02/2008
O R D E R
K. PADMANABHAN NAIR ,J.
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M.F.A.No.77 of 2002
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Dated, this the 28th day of February, 2008
JUDGMENT
The claimant in O.P.(MV) No.1855/1994 on the file of the Motor Accidents
Claims Tribunal, Manjeri is the appellant. On 28.1.1994 appellant met with an
accident and sustained injuries. He filed a petition claiming compensation. First
respondent remained exparte. Second respondent entered appearance. Insurer
filed a written statement admitting the insurance coverage of the vehicle, but
raising a contention that there was no negligence on the part of the driver.
Quantum of compensation claimed was also disputed. Tribunal found that
appellant is entitled to get Rs.20,000/- as compensation and directed the insurer to
pay the amount. Dissatisfied with the quantum of compensation awarded the
claimant himself has filed this appeal.
2. In the award Tribunal had stated that appellant sustained contusion
right little finger and abrasion 10 x 3 cm right elbow. But the wound certificate
itself shows that x-ray revealed that appellant sustained a fracture to the right big
toe. It is seen that the appellant appeared before the Medical Board who assessed
the disability at 1%. Tribunal has not taken into account the fracture sustained.
Considering all aspects of the matter I am of the view that Tribunal ought to have
awarded another Rs.6,500/- towards compensation for disability. So appellant is
entitled to get an amount of Rs.6,500/- as additional compensation with 7.5%
MFA No.77/2002 2
interest per annum from the date of petition till the date of realisation.
In the result, appeal is allowed in part. An award is passed in favour of the
appellant allowing him to recover an amount of Rs.6,500/- as additional
compensation with 7.5% interest per annum from the date of petition till the date
of realisation. Insurer is directed to pay that amount also . On deposit appellant
can withdraw the entire amount.
K. PADMANABHAN NAIR,
JUDGE.
cks
MFA No.77/2002 3
K.PADMANABHAN NAIR, J.
M.F.A.No.77 of 2002
JUDGMENT
28th February, 2008.