High Court Kerala High Court

Sunnykutty P.C. Mini Nivas vs Zulfikar on 29 June, 2009

Kerala High Court
Sunnykutty P.C. Mini Nivas vs Zulfikar on 29 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 891 of 2005()


1. SUNNYKUTTY P.C. MINI NIVAS,
                      ...  Petitioner

                        Vs



1. ZULFIKAR, M.O. ISTRUMENT FILTER,
                       ...       Respondent

2. THE MANAGER, THE ORIENTAL INSURANCE

                For Petitioner  :SRI.M.V.BIPIN

                For Respondent  :SRI.D.SAJEEV

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :29/06/2009

 O R D E R
        K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
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                   M.A.C.A . NO:891 OF 2005.
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               Dated this the 29th Day of June, 2009.

                               JUDGMENT

K. M. Joseph J.

The appellant is the claimant/petitioner in a petition filed

under Section 166 of the Motor Vehicles Act. He is aggrieved by

the adequacy of compensation awarded to him. The Tribunal has

awarded a total amount of Rs.60,686/- as against the claim for

Rs.2,00,000/-

2. Learned counsel for the appellant pointed out that the

Tribunal is in error in not awarding the compensation on the basis

of the disability certified by the Doctor. Ext. A5 is the disability

certificate of the appellant. It is noted that the disabilities pointed

out by the doctor do not find a place in any other medical records

and it cannot be accepted. The Doctor had proceeded to assess the

disability at 17%.

M.A.C.A . NO:891 OF 2005.

: 2 :

3. The appellant was working as U.D.C., and he continues

to be in Government service. The Tribunal therefore awarded

compensation of Rs.11,520/- after taking the percentage of

disability at 6%, on the basis that the disability may affect the

earning power after retirement at the age of 55 years. The injuries

as noted in the disability certificate shows that the applicant

sustained Type III compound fracture of both bones of the left leg.

The appellant had sustained a wound on the leg which was treated

by debridoment, primary closure of skin followed by external

fixation of fracture. In the certificate, of course it is stated that

there was multiple scars on the left leg, osteomylitis of the left

tibia, westing of muscles and limitation of movements of the left

knee and ankle joint.

4. Having regard to the nature of injuries, we can fix the

disability at 10% instead of 6%. On this basis the appellant is

allowed compensation of further sum of Rs.7,680/- which is

rounded of to Rs.8,000/-. We further notice that the appellant is

awarded Rs.12,000/- towards pain and suffering. Considering the

M.A.C.A . NO:891 OF 2005.

: 3 :

injuries and condition of the appellant, the appellant is awarded

Rs.3,000/- more towards pain and suffering. Further it is submitted

that an amount Rs.1,500/- was granted towards bystander’s

expenses. In view of the records, we feel that a further sum of

Rs.1,000/- more can be awarded under the said head. We also feel

that Rs.8,000/- awarded towards loss of amenities is to be

enhanced. We award Rs.2,000/- more towards under this head,

having regard to the conditions of the appellant.

Accordingly this appeal is partly allowed and the

appellant is permitted to realize a sum of Rs.14,000/- more with

interest at the rate of 7.5% from the date of petition till the date of

realization from the respondents.

K. M. JOSEPH, JUDGE

M. L. JOSEPH FRANCIS, JUDGE.

dl/