IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 550 of 2006()
1. KARTHIYANI W/O. NARAYANAN,
... Petitioner
Vs
1. JAISON S/O. CHANDI, NEERNATHOTTIYIL,
... Respondent
2. M.K.IBRAHIM, MOLETHUPUTHENPURAYIL,
3. M/S. ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.P.V.ELIAS
For Respondent :SMT.T.PRESANNA KUMARI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 550 OF 2006
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Dated this the 16th 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, Muvattupuzha in O.P.(MV)238/01.
The claimant, a 60 year old lady sustained fracture on the 9th
rib on the right side and she had been awarded a
compensation of Rs.24,700/-. It is against that decision, the
present appeal is preferred.
2. Learned counsel for the appellant would contend
that medical bills worth more than Rs.11,000/- was produced
but the Tribunal did grant only Rs.3,700/- and therefore it
requires interference among other heads. I had perused
paragraphs 12 and 14 of the award. The insurance company
disputed the genuineness of the bills. A series of bills
commencing from 16282 to 16304 bearing different dates
from 17.11.99 to 3.12.99 were produced. The Tribunal felt
that it cannot be correct on account of the fact that unless
there is only one patient there cannot be issuance of such
M.A.C.A. 550 OF 2006
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bills. So it created suspicion in the mind. When a person
from the hospital was summoned he pleaded ignorance and
he state that somebodyelse has to be examined and he is
unable to prove the same. These are all matters which
require real evidence and in the absence of the same this
Court is not in a position to interfere with the said finding.
But it can be seen from the award that this lady was
admitted as an inpatient initially from 17.11.99 to 7.12.99,
again from 19.5.01 to 21.5.01 and also from 1.5.02 to
3.5.02, always complaining of pain on the right side of the
chest. So it shows that the impact of the injury had been
carried forwarded for years together and she had to visit
hospital on many occasions. So I feel this is a fit case where
little more leniency has to be granted with respect to the
compensation for pain and sufferings as well as for loss of
amenities and enjoyment in life. I enhance the
compensation for pain and sufferings by Rs.2,000/- and loss
of amenities and enjoyment in life by Rs.3,000/-. On all
other heads the Tribunal has awarded proper compensation.
M.A.C.A. 550 OF 2006
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Therefore the claimant will be entitled to an additional
compensation of Rs.5,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.5,000/- 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/-