High Court Kerala High Court

Kallyani vs A.K.Faizal on 17 March, 2010

Kerala High Court
Kallyani vs A.K.Faizal on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 619 of 2009()


1. KALLYANI, W/O.BALAN, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. A.K.FAIZAL, S/O.HASSAN,
                       ...       Respondent

2. NATIONAL INSURANCE CO.LTD.,

                For Petitioner  :SRI.AVM.SALAHUDIN

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

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

 Dated :17/03/2010

 O R D E R
                    M.N.KRISHNAN,J.
             ======================
                 M.A.C.A No.619 OF 2009
             ======================
         Dated this the 17th day of March 2010.

                        JUDGMENT

This is an appeal preferred against award of the Motor

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

No.1016/2004. The claimant a 50 year old house made

sustained injuries in a road accident and she has been

awarded compensation of Rs.10,500/-. Dissatisfied with the

same she has come up in appeal.

2. Heard the learned counsel for the appellant as well

as the Insurance Company.

3. The learned counsel for the appellant has made

available before me all the documents. It would reveal

that the claimant had an injury on the left knee, abrasion

on the right elbow and there was mobilisation of two of the

teeth as well. Therefore, she was admitted in the

Government General Hospital, Kozhikode and was treated

as an impatient from 5.4.2003 to 30.4.2003 (25 days). The

M.A.C.A No.619 OF 2009 2

investigation revealed that she had sustained a fracture of

the left patella. The treatment certificate also establishes

the same. The Tribunal did not consider the fracture of

patella seriously at all and awarded only an amount of

Rs.10,500/-. I feel the claimant is entitled to additional

compensation under the following heads:-

4. Only medical and incidental expenses of Rs.2,500/-

has been granted whereas the claimant was in the hospital

for inpatient in 25 days. Therefore, I grant 1,000/- more

under that head. At the age of 50 the claimant had

sustained fracture of patella and inpatient for 25 days and

there was other injuries on the teeth as well including

mobility of teeth. Therefore, I enhance the compensation of

pain and suffering by Rs.5,000/-. Certainly, she would not

have been in a position to do any work for a period of three

months at the rate of Rs.1,500/- per month an additional

compensation of Rs.2,000/- is granted. (i.e.,4500-2,500)

Certainly, it would have resulted in loss of amenities and

enjoyment of life at least for a reasonable time, for which I

M.A.C.A No.619 OF 2009 3

award a sum Rs.2,000/-. Therefore, the claimant is entitled

to additional compensation of Rs.10,000/-.

In the result, M.A.C.A is partly allowed and the claimant

is awarded additional compensation of Rs.10,000/- with 7%

interest on the said sum from the date of petition till

realisation and respondent Insurance Company is directed to

deposit the said amount within a period of 60 days from the

date of the receipt of copy of this judgment.

M.N.KRISHNAN,JUDGE.

mns