IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1502 of 2004()
1. MUHAMMED ISMAIL S/O. MASOOD RAWTHER,
... Petitioner
Vs
1. MALIEN ALI S/O. ABDULLA ALI,
... Respondent
2. BABU S/O. SADIDHARAN, BABU VILASOM VEEDU
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.LIJU.V.STEPHEN
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/07/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1502 OF 2004
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Dated this the 4th day of July 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Punalur in O.P.(MV)No.1758 of 1999, whereby the
Tribunal awarded a compensation of Rs.10,000/- to the claimant. It is seen
from the award that the claimant had sustained no bony injury and there
was a non-penetrating injury on the left side of the abdomen on clinical
examination. The treatment certificate issued by the Medical College
Hospital would show that there were multiple injuries with a linear cut
ileum. He was treated in the hospital as an inpatient from 20.3.1999 to
29.3.1999. A disability certificate of 12% is seen issued. The Doctor only
certifies that there is pain and then grants a percentage of 5%. Whether they
are curable pain or whether it is of a temporary nature or permanent nature
is not very clear and further it is seen that the total disability is 75% at the
review time. The Doctor is not examined and rightly the Tribunal has not
accepted that certificate. But the matter requires consideration headwise to
find out the compensation. It is said that the claimant was a businessman by
MACA 1502/2004 -:2:-
profession at the rate of Rs.1,500/-. I grant Rs.3,000/- towards loss of
earning. He was in the hospital for 10 days and I award Rs.750/- for by
stander’s expenses and on account of the abdominal injury he would have
been forced to take nutritious liquid diet for which I grant Rs.500/- and he
would have certainly spent money for medicine, for which I grant
Rs.1,000/-. Considering the distance between Pathanapuram and
Thiruvananthapuram and back I grant Rs.1,000/- towards transport
expenses. Since there is a linear cut on the ileum in the left side of the
abdomen, certainly it would have caused pain and therefore I grant
Rs.6,000/- towards pain and suffering. Certainly these injuries would have
deprived him of taking proper diet for a considerable length of time and I
award him Rs.4,000/-. Therefore the claimant will be entitled to a
compensation of Rs.16,250/-. After deducting Rs.10,000/- already awarded,
he will be entitled to Rs.6,250/- more.
Therefore, MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.6,250/- with 7% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
MACA 1502/2004 -:3:-
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-