IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 797 of 2005()
1. KODAKKADAM SALEEM, S/O. GULAM MOHAMED,
... Petitioner
Vs
1. JOY SEBASTIAN, S/O. SEBASTIAN,
... Respondent
2. V.T. SEBASTIAN, S/O. THOMAS,
3. ORIENTAL INSURANCE CO. LTD.,
4. E.K. FRANCIS,
For Petitioner :SRI.K.I.MAYANKUTTY MATHER
For Respondent :SRI.P.CHANDY JOSEPH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 797 OF 2005
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Dated this the 18th day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1679/00. the
claimant, aged 38 years a coolie by profession, sustained fracture on
the spine, lacerated wound over the scalp and injuries on the left
thigh. His disability was assessed at 12%. The Tribunal took an
income of Rs.1,500/- per month accepted 12% disability and
thereafter awarded a compensation of Rs.46,260/-.
2. Learned counsel for the appellant would contend before
me that being a 38 year old coolie, the income taken by the Tribunal
is grossly inadequate and atleast an amount of Rs.2,500/- per
mensum should be taken. In the absence of specific materials, I take
it as Rs.1,750 to calculate the compensation. When the income is
fixed at Rs.1,750/-, the disability compensation would come to
Rs.40,320/- thereby causing an enhancement of Rs.5,760/-. No
amount is seen granted for actual loss of earning. On account of the
injury sustained that too of a fracture of the spine, it is certain that a
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coolie would not have been in a position to do the work for a period
of three months. The medical records made available before me
also would reveal that he was advised not to carry weight. So for
three months, I award a sum of Rs.5,250/-. He had been granted
only an amount of Rs.200/- towards medical expenses which by any
stretch of imagination is too inadequate. He was inpatient for almost
a week and there would have been somebody with him during the
period of hospitalisation. He would have been forced to take
medicines by purchasing it from outside as well. So, I increase the
amount under that head by Rs.1,000/-. Therefore, the claimant will
be entitled to an additional compensation of Rs.12,010/-, which is
rounded as Rs.12,000/-.
Therefore, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.12,000/- with 7 %
interest on the said sum from the date of petition till realisation from
the respondents. The Insurance company is directed to deposit the
amount within a period of 60 days from the date of receipt of a copy
of this judgment.
M.N.KRISHNAN, JUDGE
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