IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2382 of 2009()
1. SUJEESH.V.D.
... Petitioner
Vs
1. KHALEEL AHAMMED
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :SRI.P.JACOB MATHEW
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.2382 OF 2009
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Dated this the 3rd day of February, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.809/2004. The
appellant, claiming to a painter, sustained injuries in a road
accident and the Tribunal has awarded him a compensation
of Rs.17,000/= with 7% interest. Dissatisfied with t he same,
he has come up in appeal for enhancement.
2. Heard the learned counsel for the appellant as well
as the insurance company. Admittedly medical bills are
produced for Rs.17,476/= out of which Rs.4,000/= represents
the doctor’s fees. I do not know that the Tribunal had felt
that the bills are exaggerated and that private hospitals are
charging more and that there was no requirement of an
open surgery etc. When a man sustains injuries in an
accident especially in the modern time, where any sort of
medical negligence will not be tolerated, the doctors should
have to be extremely careful and should have to do their
level best to safeguard the life and interest of the patients.
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So, it has become an inevitable part of the investigation to
make it sure that the doctors do not commit any serious
mistake. When a hospital like Baby Memorial Hospital
which has got reputation of being a specialist hospital and
when there is an entry that surgery has been done to
correct the fracture, I am afraid that the court should not
indulge in discussing that surgery was not necessary.
Therefore the matter requires consideration for enhancement
of compensation. Normally the medical bills also take note
of the doctor’s fees. So considering that fact, I am only
inclined to enhance the medical expenses by Rs.10,000/=.
Since it is a fracture of ulna with inpatient treatment and
application of plaster cast after the surgery, I enhance the
compensation for pain and sufferings by Rs.3,000/=.
Towards loss of amenities only a sum of Rs.1,000/= is seen
paid. When a person sustains a fracture of the right hand,
needless to say that it will cause him loss of amenities in
life. I enhance that compensation by Rs.2,000/=.
Considering the age of the person as 24 and his profession as
painter I think two months’ loss of earnings have to be
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given at the rate of Rs.2,000/= which means, an
enhancement by Rs.1,000/= under that head. Thus the
claimant will be entitled to an additional compensation of
Rs.16,000/=.
3. In the result, the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.16,000/= with 7% interest from the date of petition till
realisation and the respondent insurance company is directed
to deposit the said amount within a period of 60 days from
the date of receipt of a copy of this judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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