IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 672 of 2006()
1. R.SANTHOSH KUMAR, AGED 38 YEARS,
... Petitioner
Vs
1. T.V.UNNI, S/.O.VASAVAN,
... Respondent
2. ROY ABRAHAM, ELANJIKCAL HOUSE,
3. UNITED INDIA INSURANCE CO.LTD.,
4. THE MANAGING PARTNER,
5. KRISHNAKUMAR, KALLAYIL HOUSE,
6. THE ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.R.SUDHISH
For Respondent :SMT.P.A.REZIYA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/11/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 672 OF 2006
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Dated this the 24th day of November, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ernakulam in O.P.(MV)2730/98.
The claimant, a 30 year old man sustained injuries in a road
accident and the Tribunal awarded a total compensation of
Rs.22,750/-. It is against that decision the claimant has
come in appeal for enhancement. It can be seen from the
evidence produced hear that the claimant had a depressed
fracture on the left zygoma and also had contusions on the
left side of the face. He was employed in a private firm
called Sukatheendra Oriental Research Institute with a
monthly salary of Rs.2,250/-. The document produced as
Ext.A7 would show that he was absent from duty for three
months. Taking into consideration the materials supplied I
think the claimant is entitled to some enhancement as
follows. For three months earning he will get Rs.6,750/- out
of which Rs.2,500/- is granted and therefore he is entitled to
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an additional compensation of Rs.4,250/- under that head.
Since it is a fracture on the zygoma coupled with other facial
injuries, certainly the claimant would have suffered
excruciating pain and therefore I enhance the pain and
suffering compensation by Rs.2,000/-. Similarly, the said
fracture would have made him even not to take any solid
food for a long time and it would have caused him loss of
amenities and enjoyment in life which also is enhanced by
Rs.1,000/-. Therefore the claimant will be entitled to an
additional compensation of Rs.7,250/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.7,250/- 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/-
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