High Court Kerala High Court

Subhash Kumar vs P.Ayoob on 5 September, 2008

Kerala High Court
Subhash Kumar vs P.Ayoob on 5 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1521 of 2007()


1. SUBHASH KUMAR, S/O.CHATHUKUTTY,
                      ...  Petitioner

                        Vs



1. P.AYOOB, S/O.USUF, PANNAPURAM HOUSE,
                       ...       Respondent

2. THE NEW INDIA ASSURANCE CO.LTD.,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :SRI.LAL GEORGE

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :05/09/2008

 O R D E R
                      M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                M.A.C.A. NO. 1521 OF 2007
            = = = = = = = = = = = = = = =
      Dated this the 5th day of September, 2008.

                       J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Kozhikode in O.P.(MV)1965/99.

The claimant, a 42 year old man running an industry

sustained injuries in a road accident. The wound certificate

revealed that he had an injury in the tibial spine with anterior

crush ligament and avulsion. He was treated as an inpatient

in the hospital for 4 days and the award would show that he

was asked to take medical review after taking rest. The Court

below also obtained a disability certificate from the Medical

Board but discarded it stating that it is not proved. I think it

is not a proper approach. It is now settled by catena of

decisions that in all the cases medical certificate need not be

proved through doctors. Considering the nature of injuries

including the ligamental crush with avulsion I feel at least

3% disability can be taken and when it is done and the

income is fixed at Rs.1,500/- per month the annual loss

\M.A.C.A. NO. 1521 OF 2007
-:2:-

would come to Rs.540/- which when multiplied by 15 would

be Rs.8,100/-. At least he would have been prevented from

doing any work at least for a period of 2 months for which I

grant another Rs.3,000/-. So the claimant will be entitled to

an additional compensation of Rs.11,100/-.

In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.11,100/- with 6% interest on the said sum from the date

of petition till realisation and the insurance company is

directed to deposit the same within a period of sixty days

from the date of receipt of a copy of the judgment.

M.N. KRISHNAN, JUDGE.

ul/-