IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1385 of 2005()
1. P.T.KUNJIMOHAMMED,S/O.ALAVI,
... Petitioner
Vs
1. MOIDEENKUTTY,S/O.SAIDALAVI,
... Respondent
2. K.K.NOOH,S/O.MOHAMMED KUTTY,
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SRI.T.K.SAIDALIKUTTY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1385 OF 2005
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Dated this the 18th day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1552/00. the
claimant aged 56 years suffered fracture on the neck of humerus
besides abrasions on the chest and knee. He had undergone
inpatient treatment in the KPM Hospital from 24.9.97 to 29.9.97. the
Tribunal has awarded him a total compensation of Rs.8,750/-. It is
against that decision, the present appeal is preferred by the claimant.
2. Heard the counsel for both sides. It can be seen that
the Tribunal has not awarded any amount for actual loss of earning.
Certainly on account of the accident, the claimant would not have
been in a position to do any work for atleast a period of one month
and therefore, I award a sum of Rs.1,500/- under that head. The
discharge card itself would reveal that he was treated as inpatient in
a private hospital for 5 days. Taking into consideration all these
aspects, I award a sum of Rs.1,000/- towards medical expenses.
Certainly, on account of the fracture on the humerus at the age of 56,
there would have been some temporary loss of amenities and
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enjoyment in life for which I award a sum of Rs.1,500/-. Therefore
the claimant will be entitled to an additional compensation of
Rs.4,000/-.
Therefore, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.4,000/- with 6 % interest
on the said sum from the date of petition till realisation from the
respondents. The respondents are directed to deposit the amount
within a period of three months from the date of receipt of a copy of
this judgment.
M.N.KRISHNAN, JUDGE
vps
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