Krishnankutty vs Managing Director on 18 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 3088 of 2009()


1. KRISHNANKUTTY, S/O.THEKKOOTT MADHAVAN,
                      ...  Petitioner

                        Vs



1. MANAGING DIRECTOR, KSRTC, TRIVANDRUM.
                       ...       Respondent

2. JOY, S/O.MARELY KOCHAPPAN,

                For Petitioner  :SRI.V.BINOY RAM

                For Respondent  :SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :18/08/2010

 O R D E R
                      M.N. KRISHNAN, J.
                   ...........................................
                   M.A.C.A.NO.3088 OF 2009
                  .............................................
           Dated this the 18th day of August, 2010.

                         J U D G M E N T

This is an appeal preferred against the award of the

Claims Tribunal, Irinjalakuda in OP(MV)No.1206/2005. A

bus driven by the 2nd respondent in the claim petition hit

against the motor cycle of the claimant resulting in injuries

to him. The Tribunal found the driver of the bus negligent

and awarded a compensation of Rs.19,900/=. Dissatisfied

with the same, the claimant has come up in appeal.

2. Heard the learned counsel. A perusal of the award

would reveal that the claimant had sustained fracture of the

right lateral malleolus and he was treated as an inpatient in

a private hospital namely Heart Hospital, Trichur for 4 days.

The Tribunal took his income only at Rs.2,000/=. It did not

accept the disability certificate produced. The learned

counsel for the claimant had made available a copy of the

disability certificate for perusal wherein it is stated that

there is limitation of movements as well as stiffness. But the

Tribunal found that the doctor is not examined.

: 2 :
M.A.C.A.NO.3088 OF 2009

Unfortunately, the claimant is also not examined. Therefore

I am not in a position to accept the disability certificate, but

a little enhancement can be given under the following heads:

3. Admittedly the claimant is a building contractor,

aged 47 years. The fracture is on the ankle. He would not

have been in a position to do any work for a period of

three months. Taking the income at Rs.3,000/=, the claimant

will be entitled to Rs.9,000/= towards which only Rs.4,000/=

is granted. Therefore towards loss of earnings, an amount

of Rs.5,000/= is granted. It is true that the claimant had not

produced any medical bills, but the Tribunal was convinced

that he was treated in a private hospital which is a reputed

one namely Heart Hospital, Trichur. He was inpatient there

for four days. Certainly he would have undergone

radiological examination and other tests. So taking into

account the present treatment expenses, I award Rs.2,000/=

under that head. Similarly since the fracture is on the ankle

and there is stiffness, certainly loss of amenities would be

there for some time, for which I allow another Rs.2,000/=

making a total additional compensation of Rs.9,000/=.

: 3 :
M.A.C.A.NO.3088 OF 2009

4. In the result, the MACA is partly allowed and the

claimant is awarded an additional compensation of Rs.9,000/=

with 7% interest on the said sum from the date of petition

till realisation and the first respondent KSRTC is directed to

deposit the said amount within a period of 90 days from the

date of receipt of a copy of this judgment.

Disposed of accordingly.

M.N. KRISHNAN, JUDGE.

cl

: 4 :
M.A.C.A.NO.3088 OF 2009

M.N. KRISHNAN, J.

…………………………………….
A.S.NO.OF 2010
………………………………………
2nd day of August, 2010.

J U D G M E N T