IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1503 of 2009()
1. MOHANAN, S/O. VELAYUDHAN, AMBATTUPARAMBU
... Petitioner
Vs
1. H.N.BADRA REDDY, S/O. NARAYANA REDDY,
... Respondent
2. THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.LIJU. M.P
For Respondent :SMT.T.C.SOWMIAVATHY
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :12/07/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A. No.1503 OF 2009
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Dated this the 12th day of July, 2010
JUDGMENT
Basheer, J.
The only point urged by learned counsel for the appellant before
us is whether the Motor Accidents Claims Tribunal was justified in
disallowing any compensation for the injury sustained by the appellant
on his genital organ.
2. The Tribunal after considering the oral and documentary
evidence adduced by the appellant awarded a total sum of Rs. 83,500/-
with 6% interest from the date of petition till the date of realisation. Of
course, the Tribunal awarded a sum of Rs. 25,000/- for loss of
amenities and enjoyment of his normal marital life apart from a sum of
Rs. 15,000/- for pain and suffering and Rs.26,541/- towards medical
expenses.
3. The appellant had got himself examined as PW1 and
deposed about the nature of the injuries sustained by him particularly
to his genital organ. Ext.A3, wound certificate will reveal that the
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major injury sustained by the appellant was on his hip region.
4. Ext.A4, the certificate issued by Dr.Darwin D.Therattil, a
Consultant Urologist, will reveal that the appellant had been put on
intermittent urethral catheterisation and was left with a urethral
disorder which could not be effectively cured by treatment. The
accident had occurred in the year 1999. Ext.A4 certificate was issued
by the doctor in May 2001, the relevant portion of which is extracted
hereunder :
” He has undergone four major surgical
interventions for the same. He is on intermittent urethral
catheterisation and is left with a urethral disorder which
cannot be effectively cured by treatment. He has no
sexual function for the penis after the accident due to
injury to blood vessels concerned with penile erection.
He has got a total permanent disability of 40%( forty
percent).”
5. The doctor who issued Ext.A3 was examined as PW2. He
stated that the disorder of the appellant cannot be cured. But still, the
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Tribunal took the view that the disability certified by the doctor as 40%
cannot be accepted. According to the Tribunal, the disability can be
only loss of amenities and enjoyment of his normal marital life and
therefore appellant would not be entitled to get compensation for the
alleged disability. But still, the Tribunal awarded a sum of Rs. 25,000/-
for loss of amenities and enjoyment of his normal marital life. We are
unable to comprehend rationale of the above view taken by learned
Judge, to say the least.
6. Having regard to the medical evidence adduced by the
appellant before the Tribunal and having perused Exts.A3 and A4
certificates, we have no hesitation to hold that the appellant is entitled
to get reasonable compensation for the injury sustained by him on his
genital organ and the resultant disability caused to him because of that
injury in addition to the compensation awarded under the other heads.
7. It is on record that the appellant was working as a Motor
Mechanic. He was aged 22 at the time of the accident. According to
him, he was earning a monthly income of Rs. 4,500/-. But the
Tribunal has assessed his monthly income as Rs. 1500/-. In the facts
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and circumstances of the case, we are of the view that the monthly
income of the appellant can be reckoned as Rs. 2,500/-. The
compensation payable to the appellant for the disability suffered by
him can be calculated thus:
2500 x 12 x 17 x 25/100 = Rs. 1,27,500/-
8. We are not disturbing the amount granted by the Tribunal
to the appellant under the head of loss of amenities and enjoyment of
life. The appellant shall be entitled to get interest on the entire amount
of compensation at the rate of 7.5%. However, he shall not be eligible
to get interest for the period of delay of 775 days with which the appeal
was filed.
The Appeal is disposed of in the above terms.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
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