High Court Kerala High Court

Yahya vs Sainudheen on 18 August, 2010

Kerala High Court
Yahya vs Sainudheen on 18 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 743 of 2010()


1. YAHYA,S/O.ABDURAHIMAN,AGED 22 YEARS,
                      ...  Petitioner

                        Vs



1. SAINUDHEEN,S/O.MUOYTTY,4/534,
                       ...       Respondent

2. UNITED INDIA INSURANCE CO.LTD.,

                For Petitioner  :SRI.K.M.JAMALUDHEEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :18/08/2010

 O R D E R
                     M.N. KRISHNAN, J.
                  ...........................................
                   M.A.C.A.NO.743 OF 2010
                 .............................................
           Dated this the 18th day of August, 2010.

                        J U D G M E N T

This is an appeal preferred against the award of the

Claims Tribunal, Kozhikode in OP(MV)No.2590/2005. The

claimant, a 17 year old boy, sustained injuries in a road

accident and the Tribunal has awarded him a compensation

of Rs.21,750/=. Dissatisfied with the same, he has come up

in appeal for enhancement.

2. Heard the learned counsel. A perusal of the award

would reveal that he had sustained a communited fracture

of tibia and fibula. He was admitted on 2.9.2005 and

discharged on 20.9.2005. He had produced medical bills for

Rs.2,306/=. The Tribunal also found that there was

continued treatment thereafter. On perusal of the

photographs, the court observed that there is slight

deformity of the leg due to the accident. I feel that some

enhancement has to be given in this case on the following

heads:

3. The Tribunal should have given the medical expenses

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M.A.C.A.NO.743 OF 2010

as claimed and therefore, I award Rs.2,500/= under that head.

He was treated as an inpatient in a hospital for 18 days and

so towards bystander’s, incidental and other expenses, I

enhance Rs.2,000/=. The Tribunal has only awarded

Rs.2,500/= towards loss of amenities which has to be slightly

increased for the reason that the boy had some dislocation of

the leg as well. This would have been a temporary

phenomena at least for a short time. So I enhance that

compensation by Rs.3,500/= thereby making an additional

compensation of Rs.8,000/=.

4. In the result, the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.8,000/= with 7% interest on the said sum from the date of

petition till realisation and the respondent insurance

company is directed to deposit the said amount within a

period of 60 days from the date of receipt of a copy of this

judgment.

Disposed of accordingly.

M.N. KRISHNAN, JUDGE.

cl

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M.A.C.A.NO.743 OF 2010

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M.A.C.A.NO.743 OF 2010

M.N. KRISHNAN, J.

…………………………………….
A.S.NO.OF 2010
………………………………………
2nd day of August, 2010.

J U D G M E N T