IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 479 of 2009()
1. LOOBY, D/O.MADHAVAN, AGED 57 YEARS
... Petitioner
Vs
1. M.K.VINURAJ,MAPPILAYANI HOUSE
... Respondent
2. JAYANARAYANAN, S/O.SREEDHARAN NAIR
3. NATIONAL INSURANCE CO.LTD
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :26/02/2009
O R D E R
R.BASANT &
C.T.RAVIKUMAR, JJ.
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M.A.C.A.No.479 of 2009
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Dated this the 26th day of February 2009
J U D G M E N T
BASANT,J
The claimant before the Tribunal is the appellant before us.
She, a 50 year old woman, allegedly a tailor by profession,
earning an income of Rs.2,500/- per month suffered injuries
including fracture of the frontal bone in an accident which
occurred on 28/6/2000. She was treated as an in-patient for a
period of 16 days. She did not suffer any permanent physical
disability.
2. Before the tribunal, Exts.A1,A2 and X1 were made
available to facilitate computation of compensation. The
tribunal, on an anxious consideration of all the relevant inputs
awarded an amount of Rs.23,350/- along with interest @ 7.5%
per annum. The details of the amounts awarded are shown
below:
1. Transport to hospital Rs.1,000/-
2. Extra nourishment Rs.750/-
3. Bystander expenses Rs.1,600/-
M.A.C.A.No.479/09 2
4. Medical expenses Rs.1,000/-
5. Pain and suffering Rs.10,000/-
6. Temporary disablement Rs.6,000/-
7. Loss of amenities in life Rs.3,000/-
Total Rs.23,350/-
3. The learned counsel for the appellant claims to be
aggrieved by the impugned award. What are the specific
grounds which the appellant wants to advance to assail the
impugned award? The learned counsel for the appellant explains
that the medical expenses awarded at Rs.1,000/- is too
inadequate. No document whatsoever were produced.
Hospitalisation was for a period of 16 days. She underwent
treatment at the Medical College Hospital. It is, in these
circumstances, that the tribunal awarded only an amount of
Rs.1,000/- towards medical expenses. In addition to this, an
amount of Rs.1,600/- for bystanders expenses, Rs.750/- for extra
nourishment and Rs.1,000/- for transport to hospital were also
awarded. In the total absence of any better data, we are of the
opinion that the tribunal committed no error warranting
appellate interference in awarding medical expenses of only
Rs.1,000/-.
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4. Though the hospitalisation was for a period of 16
days, the tribunal, taking note of the injury, awarded loss of
earnings under the head of temporary disablement for a period
of three months. Though there is only the assertion that the
petitioner is a tailor by profession, the tribunal reckoned
Rs.2,000/- as monthly income. Accordingly, Rs.6,000/- was
awarded under the head of temporary disablement/loss of
earnings. Though no disability had resulted, under the head of
loss of amenities, a further amount of Rs.3,000/- has also been
awarded. Having anxiously considered all the relevant inputs,
we are not persuaded to agree that the impugned award suffers
from any such vice as to warrant appellate
interference/modification.
5. This appeal is accordingly dismissed.
(R.BASANT, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
jsr
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M.A.C.A.No.479/09 5
R.BASANT &C.T.RAVIKUMAR, JJ.
.No. of 200
ORDER/JUDGMENT
06/02/2009