IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 1094 of 2002()
1. A.K.NANU, S/O.KUNHIRAMAN,
... Petitioner
Vs
1. C.M.PRAKASAN, S/O. KELAPPAN,
... Respondent
2. KOTYADAN PARAMBATH K.V.VASU,
3. THE NATIONAL INSURANCE CO.LTD.,
4. MRS.PREMI RAPPAI, W/O. RAPPAI,
5. P.J.JOHNSON, S/O. JOSE, AGED 34 YEARS,
6. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/11/2008
O R D E R
M.N.KRISHNAN, J
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MFA No.1094 OF 2002
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Dated this the 4th day of November 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Vadakara in O.P.(MV)No.4244 of 1995. The claimant,
aged 40 years, sustained injuries in a road accident when two buses
collided. The Tribunal found that drivers of both the buses were equally
responsible and thereafter proceeded to grant a compensation of Rs.40,430/-
with 9% interest. All the respondents were jointly and severally made liable
to pay the amount.
2. I had perused the award and also the documents supplied by the
learned counsel for the appellant. The claimant had suffered a degloving
injury left foot exposing the bone and fracture right clavicle outer < and
contusion left knee joint and acromic clavicular dislocation right. He was
treated in the Medical College Hospital, Kozhikode from 2.6.1995 to
6.6.1995. Later he was taken to the Kasturba Hospital in Karnataka where
he was examined as outpatient on 7.6.1995. Redebridement of the wound
was done on 9.6.1995 and skin grafting was done on 19.6.1995. The
MFA 1094/2002 -:2:-
fracture of the clavicle was treated conservatively and he was tested on
26.8.1995. It is very clear from the records available before the Tribunal
that the claimant had sustained very serious injuries and had undergone
treatment in two reputed hospitals, one as inpatient for about 5 days and the
other for 21 days. Skin grafting was done and plaster cast was also
applied. The Tribunal has granted Rs.1,500/- towards loss of earning. A
man aged 40 years who had sustained a fracture of the clavicle with
dislocation and a degloving injury which means exposure of the bone had
undergone a prolonged treatment, certainly would not have been in a
position to do any work at least for a period of six months. Therefore,
taking the income at Rs.1,500/- the loss of earning for six months is granted
as Rs.9,000/- out of which Rs.1,500/- being already granted an additional
compensation of Rs.7,500/- is to be awarded. The Tribunal did not consider
the fact that the claimant was an inpatient in a hospital at Manipal with an
exposed bone which certainly would have required the assistance of others
even for the primary necessities. Therefore I enhance the compensation
towards by stander expenses by Rs.2,000/-. It is true that no disability
certificate is produced in this case. But the fact remains that a prolonged
treatment coupled with dislocation and fracture of the clavicle and exposure
of bone with skin grafting stands established. It is certain that it would
MFA 1094/2002 -:3:-
have caused him temporary disability and loss of amenities and enjoyment
in life. Therefore I am inclined to grant a minimum amount of Rs.10,000/-
for the same. Therefore the claimant will be entitled to an additional
compensation of Rs.19,500/-.
In the result, MFA is partly allowed and the claimant is entitled to an
additional compensation of Rs.19,500/- with 7% interest on the said sum
from the date of petition till realisation and respondents 3 and 6 insurance
companies are directed to deposit the amount in equal halves within 60
days from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-