IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 292 of 2009()
1. THAMPI JOSEPH, S/O. JOSEPH, KUNNEL HOUSE
... Petitioner
Vs
1. JOY JOHN, PARACKAL HOUSE,
... Respondent
2. THE NEW INDIA ASSURANCE
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent :SRI.RENIL ANTO
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/10/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 292 OF 2009
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Dated this the 20th day of October, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kottayam in O.P.(MV)1507/06.
The claimant sustained injuries in a road accident and he has
been awarded a compensation of Rs.23,827/-. Dissatisfied
with the said amount the claimant has come up in appeal.
Heard the learned counsel for the both sides. A perusal of
the award and also the discharge summary issued by the
Matha Hospital would reveal that the claimant had sustained
straightening of the cervical spine and he was advised to use
cervical collar. Besides he had sustained head injury though
not complicated but there was edema and therefore he had
undergone treatment as an inpatient conservatively for a
period of 3 days in the hospital. Fortunately for the claimant
the injury did not turn out to be disastrous but nevertheless
they were injuries on vital parts of human body. The
Tribunal found that 15 days loss of earnings has to be given
M.A.C.A. 292 OF 2009
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but limited it to Rs.1,500/-. It is seen that the pay slip
evidences that he was drawing a salary of Rs.10,440/-.
When it is so towards loss of earnings the amount granted as
Rs.1,500/- is not proper and therefore I enhance it by
Rs.3,500/-. The claimant had suffered head injury with
involvement of spine and straightening of the spine. It is a
very painful injury and therefore taking into consideration
the age factor as 41 and the nature of the work and the
prolonged agony which one has to undergo I am inclined to
enhance pain and sufferings compensation by Rs.1,500/-,
loss of amenities by Rs.5,000/- thereby making it a total
compensation of Rs.10,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.10,000/- with 7.5% 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/-