IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2808 of 2009(A)
1. PONSY PAUL, S/O.IYYANAM PAUL,
... Petitioner
Vs
1. MANAGING DIRECTOR,
... Respondent
2. K.A.VARGHESE, S/O.KANIYATTI ANTONY,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2808 OF 2009
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Dated this the 4th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)436/05.
The claimant, a 22 year old lady sustained injuries in a road
accident and she had been awarded a compensation of
Rs.49,900/- of which Rs.20,400/- represents medical
expenses. A perusal of the award would reveal that the
claimant had sustained a fracture on the neck of the right
radius and a comminuted fracture on the right ulna. He was
an inpatient in the hospital for 14 days and implantation was
done which was removed only after a period of 14 months.
The Tribunal has awarded a reasonable compensation almost
under all heads. But I find that the Tribunal has granted only
Rs.5,000/- towards loss of amenities and enjoyment of life.
It has to be remembered that the petitioner is a civil
engineer. Fracture is sustained on the right hand. A civil
engineer requires proper and strong hand for good drawing
M.A.C.A. 2808 OF 2009
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and he may have to do it for a quite a long time. Though it
may not directly affect his earning capacity certainly it will
take more time and there will be strain for the person. So
therefore taking into consideration those aspects I am
inclined to enhance the compensation for loss of amenities
and enjoyment in life by Rs.5,000/-.
Therefore the appeal is partly allowed the claimant is
awarded an additional compensation of Rs.5,000/- with 7%
interest on the said sum from the date of petition till
realisation and the first respondent, K.S.R.T.C. 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/-