High Court Kerala High Court

M.Sunil Kumar vs K.Kumaran on 7 December, 2007

Kerala High Court
M.Sunil Kumar vs K.Kumaran on 7 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1199 of 2001(D)



1. M.SUNIL KUMAR
                      ...  Petitioner

                        Vs

1. K.KUMARAN
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :SRI.VPK.PANICKER

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :07/12/2007

 O R D E R

J.B. Koshy & K.Hema, JJ.

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M.F.A.No. 1199 of 2001

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Dated this the 7th day of December, 2007

Judgment

Koshy,J.

Appellant/Claimant sustained injuries in a motor

accident on 8.8.1994. He was travelling in an autorickshaw driven

by the second respondent. Another autorickshaw driven by the fifth

respondent hit the same. The autorickshaw driven by the second

respondent was insured by the third respondent insurance company

and the autorickshaw driven by the fifth respondent was insured by

the sixth respondent insurance company. He claimed a

compensation of Rs.2,50,000/- as compensation. Tribunal has

awarded only Rs.14,000/- as compensation. The tribunal found that

the accident occurred due to the negligence of both drivers and

third and sixth respondents insurance companies were directed to

deposit the amount awarded. Only quantum of compensation is

disputed in this appeal.

2. As a result of accident, appellant sustained the

following injuries:

M.F.A.No.1199/2001 2

“1. Fracture shaft of femur;

2. Loss of two teeth;

3. Fracture of one tooth;

4. Abrasions and lacerated injuries.”

Ext.A3 is the copy of the wound certificate. Ext.A4 is the index card

which shows that he was admitted in the Medical College Hospital

on 8.8.1994 as an inpatient and he was discharged on 11.9.1994.

He was asked to follow up for review after 11.10.1994. He was put

on plaster cast after treated with tibial traction. The tribunal did not

grant any compensation for disability. Admittedly, there was

fracture of shaft of femur. Loss of teeth was not shown in the

wound certificate. Therefore, tribunal did not accept the same. He

was aged only 17 years at the time of accident. Fracture of the

shaft of femur will have its own repercussions throughout his life.

The tribunal has awarded only Rs.1,500/- for loss of amenities in

life. Since he has not produced any certificate of permanent

disability, we are of the opinion that no compensation can be

granted for permanent disability as such, but, for loss of amenities

and enjoyment in life and for actual loss of earnings, future medical

expenses and consequences of disability due to fracture, we are of

the opinion that an amount of Rs.7,500/- ought to have been

granted instead of Rs.1,500/- granted by the tribunal. Therefore,

M.F.A.No.1199/2001 3

claimant will be entitled to an additional amount of Rs.6,000/-.

Third and sixth respondents are directed to deposit Rs.3,000/- each

with 7.5% interest from the date of application till its deposit over

and above the compensation awarded by the tribunal. The award is

modified accordingly. Appeal is allowed to the above extent only.

J.B.Koshy
Judge

K. Hema
Judge

vaa

M.F.A.No.1199/2001 4

J.B. KOSHY AND
K.HEMA,JJ.

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M.F.A. No. 1199 of 2001

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Judgment

Dated:7th December, 2007