High Court Kerala High Court

Saidu vs Haridasan on 13 June, 2008

Kerala High Court
Saidu vs Haridasan on 13 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 208 of 2003(D)


1. SAIDU, S/O. MOIDEEN, KAVUMGUMTHODY
                      ...  Petitioner

                        Vs



1. HARIDASAN, S/O. KARUPPAN,
                       ...       Respondent

2. K.T. KUNHABDULLA, S/O. LATE

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.
               =====================
                    M.F.A.No.208 of 2003
               =====================

           Dated this the 13th day of June, 2008.

                          JUDGMENT

Koshy,J.

The appellant sustained injuries on 10.1.1995 in a motor

accident. Ext.A6 wound certificate shows the the following

injuries:

“Injury back 2 x 1 cm and contusion over right

elbow 2 x2 cm.”

He was an inpatient for seven days in the hospital. Against a

claim of Rs.30,000/-, the Tribunal awarded a total amount of

Rs.1,950/-. It is submitted that he was unable to do any work

for several days. For loss of earning, the Tribunal has granted

only Rs.500/- against a claim of Rs.3,600/- during the period of

treatment. For medical expenses the petitioner has claimed

Rs.2,000/-. Even though he was treated as an inpatient for 7

days, only Rs.100/- was awarded by the Tribunal. For pain and

suffering against a claim of Rs.20,000/-, the Tribunal has

awarded only Rs.1,000/-. Even though there is no permanent

MFA 208/03 -: 2 :-

disability, we are of the opinion that the award of the Tribunal

regarding pain and suffering and loss of actual earning and

medical expenses are meager. Having regard to the totality of

the circumstances, we award Rs.5,000/- more than what is

awarded by the Tribunal. The above amount of Rs.5,000/-

should be deposited by the third respondent – Insurance

Company with 7.5% interest from the date of application till its

deposit over and above the amount decreed by the Tribunal. On

deposit of the amount, the appellant is allowed to withdraw the

same.

The appeal is partly allowed.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

ess 14/6