IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 207 of 2003(D)
1. MICHAEL ANTONY, S/O. ANTONY,
... Petitioner
Vs
1. HARIDASAN, S/O. KARUPPAN,
... Respondent
2. K.T.KUNHABDULLA,
3. NEW INDIA ASSURANCE COMPANY LTD.,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :SRI.M.M.HUSAIN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :13/06/2008
O R D E R
J.B.Koshy & P.N.Ravindran, JJ.
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M.F.A.No.207 of 2003
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Dated this the 13th day of June, 2008.
JUDGMENT
Koshy,J.
The claimant – appellant sustained injuries in a motor
accident on 10.1.1995. Against a claim of Rs.25,000/-, only
Rs.1,600/- was awarded by the Tribunal. Only the quantum of
compensation is disputed in this appeal. As per Ext.A16 wound
certificate, the following injuries are sustained by him.
“Abrasion right arm 2 x 1 cm abrasion right
forehead 2 x 1 cm and contusion right knee 2 x 1
cm.”
He was admitted and treated as an inpatient in the hospital for
six days. It is true that there was no permanent disability. But
considering the fact that he was an inpatient for six days and for
the period of rest other than the inpatient treatment period, for
loss of actual earning, medical treatment and pain and suffering,
we are of the opinion that the Tribunal ought to have awarded
MFA 207/03 -: 2 :-
Rs.3,500/- more over and above the amount of Rs.1,600/-
awarded by the Tribunal. The above amount of Rs.3,500/- should
be deposited by the third respondent – Insurance Company with
7.5% interest from the date of application till its deposit. On
deposit of the amount, the appellant is allowed to withdraw the
same.
The appeal is party allowed.
J.B.Koshy,
Judge.
P.N.Ravindran,
Judge.
ess 14/6