High Court Kerala High Court

Sarish P.S. vs Managing Director on 23 July, 2009

Kerala High Court
Sarish P.S. vs Managing Director on 23 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 937 of 2005()


1. SARISH P.S., S/O. SADANANDAN,
                      ...  Petitioner

                        Vs



1. MANAGING DIRECTOR, PHARMACEUTICAL CORPN.
                       ...       Respondent

2. NARYANAN, S/O. NARAYANAN NAIR,

3. MANAGER, STATE INSURANCE DEPT.,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :23/07/2009

 O R D E R
   C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
                   -----------------------------------
                      M.A.C.A. No.937 of 2005

                    --------------------------------------

               Dated this the 23rd day of July, 2009

                          J U D G M E N T

———————-

Abdul Rehim,J.

1. Appellant is the claimant before the Tribunal. The

accident occurred on 10.8.1998 when a Bus hit on the Bicycle on

which he was riding. The appellant was aged 12 years at the

time of accident and he was a school student. He sustained

injuries like, thin subdural haemorrhage with brain oedema

along with fracture of right occipital and frontal bone on the

skull. He was hospitalised for 7 days. Thereafter he continued

treatment as outpatient for a considerable period. The injury

sustained to him had resulted in permanent disability which is

assessed at 5%. The Tribunal awarded a total compensation of

Rs.32,680/-. According to the appellant the amount awarded

under various heads like compensation for pain & suffering, loss

of amenities and enjoyment in life, compensation for permanent

disability, medical expenses, transportation expenses, etc. are on

the lower side. It is also contended that having accepted the fact

that the appellant is suffering from permanent disability, he

MACA.937 /05
2

would have been allowed with compensation of at least an

amount of Rs.25,000/-, as per the provision contained in Section

140 of the Motor Vehicles Act.

2. On an anxious consideration of the evidence on record

and the facts and circumstances of the case we feel that the

amount awarded under various heads are slightly on the lower

side, and enhancement of total compensation to Rs.50,000/- will

be only just and reasonable to meet the ends of justice.

3. In the result, the appeal is partly allowed re-fixing the

total compensation of Rs.32,680/- awarded by the Tribunal as

Rs.50,000/-. The said amount of compensation will carry interest

@ 7.5% per annum from the date of claim petition till payment.

The 3rd respondent is directed to make payment of the amount

within a period of 3 (three) months.

C.N.RAMACHANDRAN NAIR, JUDGE.

C.K.ABDUL REHIM, JUDGE.

okb