IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1566 of 2005()
1. MR.WILSON, S/O.ANTONY,
... Petitioner
Vs
1. MR.C.V.VARGHESE,
... Respondent
2. THE NEW INDIA ASSURANCE CO. LTD.,
3. SASEENDRANATHAN,
For Petitioner :SRI.DILIP J. AKKARA
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/07/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1566 OF 2005
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Dated this the 14th day of July, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 528/96. The
claimant sustained injuries in a road accident and the Tribunal has
awarded a total compensation of Rs.35,000/-. It is against that
decision, the present appeal is preferred.
2. Heard the counsel for both sides. A perusal of the
award would reveal that the claimant had a contusion on the frontal
area with a lacerated wound on the occipital region and a soft tissue
cerebral oedema. The scan report did not reveal any serious defect.
The Neurosurgeon attached to the hospital assessed his disability at
10%. The Tribunal accepted the disability at 5%, took the income at
Rs.1,500/- and calculated the compensation.
3. Learned counsel for the appellant would contend that
being a goldsmith by profession, the Tribunal had erred in taking the
income at Rs.1,500/-. The accident is of the year 1995 and I feel it
is only just in taking the income at Rs.1,750/- for the purpose of
calculating the compensation. For three month’s loss of earning the
MACA No.1566/05 2
claimant will be entitled to additional compensation of Rs.750. When
the income is taken at Rs.1,750/- per mensum the annual loss of
earning power will come to Rs.1,050/- which when multiplied by 17
would come to Rs.17,850/-. The Tribunal has awarded Rs.15,300/-
under that head. So the claimant will be entitled to a balance
compensation of Rs.2,550/-. The Tribunal has only awarded a sum
of Rs.4,000/- towards pain and suffering. It can be seen that there
was a prolonged concussion and he had undergone treatment under
the neurological department. Therefore, atleast an amount of
Rs.2,000/- has to be enhanced. For loss of amenities, I enhance the
compensation from Rs.3,200 to Rs.5,000/-. So the claimant is
entitled to an additional compensation of Rs.7,100/-.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.7,100/- with 7 % interest
on the said sum from the date of petition till realisation from the
respondents. The Insurance company is directed to deposit the
amount within a period of 60 days from the date of receipt of a copy
of this judgment.
M.N.KRISHNAN, JUDGE
vps
MACA No.1566/05 3