IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1441 of 2007()
1. K.CHIRUTHA, D/O.VELUTHAN, AGED 71 YEARS,
... Petitioner
Vs
1. NOUSHAD, AGED 29 YEARS, S/O.ABOOBACKER,
... Respondent
2. THE NATIONAL INSURANCE COMPANY LIMITED
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1441 OF 2007
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Dated this the 29thday of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV)
574/04. The claimant, a lady aged 76 years, sustained injuries in a
road accident and the Tribunal had awarded her a compensation of
Rs.5,000/-. Aggrieved by that decision, the claimant has come up in
appeal.
2. Learned counsel for the appellant had made available
before me the wound certificate as well as a photocopy of the book
maintained for treatment. Column 14 of the wound certificate itself
would reveal that she had sustained fracture of the lateral condyle
tibia undisplaced. The photocopy of the book would confirm the
same. It is seen that she had continued that treatment till 12th April,
2003 and it is stated therein that the fracture is united. The Tribunal
taking into consideration the materials had awarded a global amount
of Rs.5,000/-. I feel the said approach of the Tribunal is erroneous.
Therefore, the compensation has to be recalculated.
MACA No. 1441/07 2
3. It is seen that she was treated as inpatient in the hospital
for a period of 8 days i.e., from 4.1.03 to 12.1.03. Therefore, for
medical expenses, bystanders expenses and nutritious food, I award
a sum of Rs.1,500/-. For pain and suffering, an amount of Rs.5,000/-
is awarded. When a fracture is sustained on the tibia at this age
certainly, it would cause temporary disability and loss of amenities
and enjoyment in life and as time progresses, she may become
dependent on somebody. So atleast an amount of Rs.6,000/- has to
be awarded under that head. Therefore, the claimant will be entitled
to a compensation of Rs.12,500/- out of which Rs.5,000/- is already
granted and thereby entitling the claimant to get an additional
compensation of Rs.7,500/-.
In the result, the MACA is partly allowed and the claimant is
awarded an additional compensation of Rs.7,500/- with 6% interest
on the said sum from the date of petition till realisation. The
Insurance Company is directed to deposit the amount within 60 days
from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
vps
MACA No. 1441/07 3