IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1679 of 2006()
1. K.P.FAZALUDEEN, AGED 29 YEARS,
... Petitioner
Vs
1. MR.M.P.SIDHIK, S/O.PAREETH,
... Respondent
2. MR.P.R.PRAKASAN, S/O.K.RAMAN NAIR,
3. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.VIVEK VARGHESE P.J.
For Respondent :SMT.P.A.REZIYA
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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MACA No.1679 OF 2006
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Dated this the 29th day of August 2008
JUDGMENT
This is an appeal preferred against the award of the Motor Accidents
Claims Tribunal, Ernakulam in O.P.(MV)No.64 of 2001. The Tribunal has
awarded a sum of Rs.17,000/- with 7.5% interest and dissatisfied with that
decision, the claimant has come up in appeal. A perusal of the award would
show that he had a swelling of the left knee and minimal effusion left knee.
When arthroscopy of left knee was done, it was noted that there was
medial collateral ligment strain with ACL and PCL deficient left knee. He
had also done physiotherapy. The Tribunal awarded him Rs.9,000/- towards
medical and other expenses, Rs.6,000/- for pain and suffering and
Rs.2,000/- towards loss of earning. On account of the injury sustained on
the knee, which is very painful and he would not have been in a position to
do any work for a period of two months. Therefore, I enhance the
compensation by Rs.2,000/- for loss of earning for one month. Similarly,
when ligament strain is sustained, it makes the movement very difficult
and there will be a temporary disability and loss of amenities and enjoyment
MACA 1679/2006 -:2:-
in life for some point of time. Taking into consideration that aspect, I am
inclined to grant Rs.3,000/- under that head. Therefore the claimant will be
entitled to an additional compensation of Rs.5,000/-.
Therefore MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.5,000/- with 7% interest on the said sum
from the date of petition till realisation and the 3rd respondent 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
Cdp/-