IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 357 of 2004()
1. LENIN JOHN, S/O. C.M.JOHN,
... Petitioner
Vs
1. SUNNY ABRAHAM S/O. CHACKO ABRAHAM,
... Respondent
2. VIJAYAKUMAR S/O. NARAYANAN,
3. NEW INDIA INSURANCE COMPANY LTD.,
4. HONEY MATHEW W/O. MATHEW, KUNNATHU
5. RAJU S/O. SAMUEL, POWACHIRAYIL,
6. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/06/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.357 OF 2004
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Dated this the 26th day of June 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Kottayam in O.P.(MV) No.2418 of 1995. A boy aged 15
years sustained injuries in a road accident and the Tribunal awarded a
compensation of Rs.10,000/-. The Tribunal fixed the liability at 70% on the
3rd respondent and 30% on the 6th respondent. It is against the quantum
which is challenged in this appeal.
2. Learned counsel for the appellant has made available before me the
disability certificate as well as the wound certificate. A reading of the same
would show that the boy had lost 4 teeth in the accident. The Doctor has
certified the disability at 14%. I feel there cannot be such permanent
disability as pointed out by the Doctor. But adequate compensation has to
be provided as follows: At the rate of Rs.3,000/-, an amount of Rs.12,000/-
is awarded as compensation for loss of 4 teeth. For pain and suffering, an
amount of Rs.5,000/- is awarded and for treatment expenses Rs.2,000/- is
awarded totalling Rs.19,000/-. The Tribunal has awarded compensation of
MACA 357/2004 -:2:-
Rs.10,000/-. Therefore the claimant will be entitled to an additional
compensation of Rs.9,000/-.
Therefore MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.9,000/- with 7% interest on the said sum
from the date of petition till realisation and the 3rd respondent insurance
company is directed to deposit 70% of the amount with interest and the 6th
respondent is directed to deposit 30% of the amount with interest within 60
days from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-