IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 5 of 2006()
1. NARAYANAN. C., S/O. PERACHAN,
... Petitioner
Vs
1. ASSAINAR, S/O. KUNHAMMED,
... Respondent
2. M.S. GOPALAKRISHNAN, S/O. BASKARAN
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/06/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 5 OF 2006
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Dated this the 24th day of June, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Wayanad in O.P.(MV)91/97. The
claimant aged 53 years claimed to be a store keeper
sustained injuries in a road accident and it can be seen that
he had suffered a fracture on the tibia as well as on the
fibula. He was treated in the Fathima Matha Mission
Hospital, Kalpetta from 30.3.96 to 11.4.96. It can also be
seen from his identification marks that the tip of the 3rd toe
has been amputated which is not an injury sustained in the
accident. He did not produce the wound certificate but had
made it available for perusal here. He has also not produced
any leave certificate or salary certificate. But in spite of that
the Tribunal had awarded him a sum of Rs.3,000/- towards
loss of earnings. After perusing the entire award I feel that
some enhancement is necessary under the following heads.
M.A.C.A. 5 OF 2006
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2. If the disability is taken as 4% and suppose his
income is taken at Rs.18,000/- per annum after retirement
applying a multiplier of 8 the disability compensation would
come to Rs.5,760/-. The Tribunal has awarded him
temporary disability compensation of Rs.5,000/- and nothing
is granted for loss of amenities and enjoyment in life. So, if
that fact is also taken into consideration another Rs.3,000/-
is granted and the claimant will be entitled to an additional
compensation of Rs.3,760/- under that head.
3. Similarly, towards compensation for pain and
sufferings the Tribunal has only granted Rs.5,000/- which I
feel is inadequate for the reason that he was an inpatient for
11 days and thereafter his leg was under plaster cast for a
considerable length of time. For that I enhance the
compensation by Rs.3,000/- under that head also. Therefore
the claimant will be entitled to an additional compensation of
Rs.6,760/-.
4. Learned counsel for the insurance company
submits before me under the preliminary award Rs.25,000/-
M.A.C.A. 5 OF 2006
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has already been paid. Suppose there is some amount still
due, the insurance company may deposit that amount and
the amount of Rs.25,000/- can be given credit to and
interest may not be calculated for that amount thereafter.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-