IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 471 of 2006()
1. PARAMESWARA KURUP, S/O. ANANDA KURUP
... Petitioner
Vs
1. JAYA MOHANAN, S/O. KRISHNA PILLAI,
... Respondent
2. E. GOPALAKRISHNAN NAIR,
3. MUKUNDAN PILLAI, KUNJASTANPARAMBU
4. THE BRANCH MANAGER, NATIONAL INSURANCE
For Petitioner :SRI.V.K.PRAVEEN
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/09/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 471 OF 2006
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Dated this the 25thday of September, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 1745/97.
The claimant met with an accident while he was riding in his bicycle.
The Tribunal awarded him a compensation of Rs.17,600/-.
Aggrieved by that decision, the claimant has come up in appeal for
enhancement.
2. The Tribunal on verification of the salary certificate
found the factum of his absence from duty from 18.3.94 to 28.4.94
and awarded a sum of Rs.4,600/- towards loss of earning. It is
based on documents and therefore no further enhancement is
necessary under that head. Similarly, the Tribunal has awarded
Rs.2,000/- for treatment expenses, Rs.2,000/- towards transport
charges, bystanders expenses and extra nourishment, Rs.7,000/-
towards pain and suffering. The accident is of the year 1994. The
amount granted under these heads also appears to be just and
reasonable. The Tribunal has awarded Rs.2,000/- towards loss of
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amenities and enjoyment in life. It has to be remembered that as per
Ext.X1 medical records it is proved that the claimant has sustained a
fracture of D-12 vertebra. When a fracture is sustained in the
vertebra certainly, it will cause lot of problems for a person and the
agony is always protracted and the activity of the person will get
reduced. So the pain will cause loss of amenities and enjoyment in
life as well as temporary disability atleast for a reasonable time.
Taking into consideration these aspects, I am inclined to enhance the
compensation for loss of amenities and enjoyment in life and for
temporary disability by Rs.6,000/-.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.6,000/- with 6 % interest
on the said sum from the date of petition till realisation. The
Insurance company is directed to deposit the amount within a period
of 60 days from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
vps
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