IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1431 of 2004()
1. P.V.PRABHAKARAN, S/O.VELAYUDHAN,
... Petitioner
Vs
1. T.Y.WILSON, S/O.YACOB,
... Respondent
2. P.K.SHIBU, S/O.KOCHUPENGAN,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.V.BINOY RAM
For Respondent :SRI.K.S.BHARATHAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/07/2008
O R D E R
M.N.KRISHNAN, J
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MACANo.1431 OF 2004
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Dated this the 4th day of July 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1261 of 1997. The claimant
who has sustained fracture of the fibula was awarded compensation of
Rs.16,000/- by the Tribunal and dissatisfied with the same, the claimant has
come up in appeal.
2. The main grievance of the appellant’s counsel is that the income
taken is inadequate and the Tribunal has totally ignored the disability in
spite of examining the Doctor as PW1. So far as the income is concerned,
the accident had taken place in the year 1997 and the Tribunal had taken it
at Rs.1,500/- and in the absence of materials it will not be correct to shake
that finding. But, so far as the disability is concerned, it was not correct on
the part of the Tribunal to simply reject the Doctor’s evidence on the
ground that there was no complicated issue and that fibula is only a
supporting bone. The Doctor has certified that there is a limitation of
movement and there is tenderness on the fracture side. The functional
MACA 1431/2004 -:2:-
difficulty is also recorded there. The Tribunal should have taken some
disability. Especially the person being a labourer by profession, there is
nothing wrong in fixing 4% disability to award a reasonable compensation.
The annual loss of earning will come to Rs.720/-, multiplied by 13, it will
come to Rs.9,360/-. At least Rs.3,000/- has to be awarded towards loss of
amenities and enjoyment in life. So, it will come to Rs.12,360/-. The
Tribunal has awarded Rs.5,000/- towards loss of amenities and enjoyment in
life. Therefore I award Rs.7,360/- as additional compensation under that
head. Towards pain and suffering, considering the hospitalization and
period of treatment, I enhance it by Rs.1,000/-. No amount is given for
bystander expenses. He was in the hospital as an inpatient for 10 days. I
grant him Rs.500/- towards bystander expenses. Therefore the claimant
will be entitled to an additional compensation of Rs.8,860/-.
Therefore MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.8,860/- with 7% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
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copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-