IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 514 of 2008()
1. PAULSON, S/O.ANTONY, THEKKOODAN HOUSE,
... Petitioner
Vs
1. THE MANAGING DIRECTOR, KERALA STATE
... Respondent
2. ANTONY JOHN, S/O.M.P.JOHN,
For Petitioner :SRI.P.V.BABY
For Respondent :SHRI.JOHNSON P.JOHN, SC, KSRTC
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/10/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 514 OF 2008
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Dated this the 28th day of October, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Irinjalakuda in O.P(MV) No. 1104/2003.
The claimant sustained injuries in a road accident and he had been
awarded compensation of Rs. 30,350/-. It is against that decision
the appellant come up in appeal for enhancement.
2. Heard. It is is seen that the claimant had sustained a
fracture of the lower 3rd of the right ulna and he was inpatient in the
hospital for three days. He had produced a disability certificate of
9% which was not accepted by the Tribunal and had granted him
only an amount of Rs. 3,000/- towards loss of amenities and
enjoyment in life. The Tribunal opined that the disability Certificate
is not issued by the Medical Board and the person who had issued
the certificate has not been examined. It may not be correct to
accept the disability certificate as such in the absence of concrete
materials to substantiate the same. But the fact remains that he
had sustained fracture of the ulna and he had undergone prolonged
M.A.C.A. No. 514/2008
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treatment including application of plaster cast for a long time. He
had expended more than Rs. 9,000/- for his treatment. So it is
certain that he would have been prevented from enjoying his life for
a considerable length of time and a fracture at the age of 41 would
have caused him atleast temporary disability for sometime. So
taking into consideration this aspect, I am inclined to fix temporary
disability plus loss of amenities at Rs. 10,000/- out of which Rs.
3,000/- has been awarded.
So the claimant will be entitled to get an additional
compensation of Rs. 7,000/- with 7% interest on the said sum from
the date of petition till realisation and the respondents are directed
to pay the same within a period of 60 days from the date of receipt
of copy of the judgment.
M.N. KRISHNAN, JUDGE
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