IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 577 of 2002(B)
1. VALSALA, PULIYANGATTU MEETHAL,
... Petitioner
Vs
1. K.SREEKUMAR, KANNIATH HOUSE,
... Respondent
2. SANTHOSH KUMAR, ONAMKANDY HOUSE,
3. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.R.PARTHASARATHY
For Respondent :SRI.N.S.MOHAMMED USMAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/05/2008
O R D E R
M.N.KRISHNAN, J.
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M.F.A. No. 577 OF 2002
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Dated this the 22nd day of May, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Vadakara, in OP(MV) No.808/97 whereby
the appellant/petitioner has been awarded a compensation of
Rs.4,500/-. Aggrieved by the same, the appellant/petitioner has
preferred this appeal.
2. Heard both sides. The dispute is only with respect to
the quantum of amount. It is stated in the award that the
appellant/petitioner had complaints of pain on the leg and the cheek.
There was no external injury. But appellant/petitioner was referred
to the medical College Hospital, Kozhikode and was treated for
cervical spine injury and the OP card also would reveal the same.
Appellant/petitioner was advised to take complete bed rest at home
and were given pain killers and other medicines. X-ray of the spine
also revealed some problem. Therefore the compensation awarded
appears to be on the lower side. The appellant/petitioner is a
headload worker by profession. On account of the injuries and the
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fact that she was in hospital for eleven days one has to compensate
her for the loss of earnings for six weeks. When this is done at the
rate of Rs.3,000/- per mensum appellant/petitioner will be entitled to
Rs.4,500/- that is an additional amount of Rs.4,000/-. Similarly
appellant/petitioner has also suffered excruciating pain and
temporary inconvenience for which an additional compensation of
Rs.3,000/- can be awarded. So appellant/petitioner will be entitled
to an additional compensation of Rs.7,000/- with 7% interest.
In the result, MFA is partly allowed. An additional
compensation of Rs.7,000/- with 7% interest is awarded from the
date of petition till realisation. The Insurance company is directed to
deposit the same within a period of 60 days from today.
M.N.KRISHNAN, JUDGE
vps
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