IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1269 of 2009()
1. ABDU RAHIMAN, AGED 61 YEARS,
... Petitioner
2. PATHAI, AGED 51 YEARS,
Vs
1. V.M.MOOSAKOYA, S/O.MOHAMMED,
... Respondent
2. THE NEW INDIA ASSURANCE CO.LTD.,
3. N.C.RASHEED, AMBALAPURAYIL HOUSE,
4. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.RENIL ANTO KANDAMKULATHY
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :13/10/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1269 OF 2009
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Dated this the 13th day of October, 2010
JUDGMENT
Basheer, J.
One Abdul Hameed, who was travelling on a two wheeler as a
pillion rider, met with an accident on March 21, 2003, when another
two wheeler hit against his two wheeler. He sustained several injuries
like fracture of both bones ( left leg) apart from other extensive injuries
on his chin resulting in avulsion of six teeth. He was treated in the
Medical College Hospital, Calicut and also in the Dental College,
Calicut.
2. During the pendency of the claim petition filed by the
injured, he committed suicide. According to the appellants, who are
the legal heirs of the deceased victim, Abdul Hameed committed
suicide because of depression. Exts.A1 to A4 were produced in the
case in support of the claim for compensation. The Tribunal after
considering the materials available on record, awarded a sum of
Rs. 31,500/- making the owners and the two Insurance Companies
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equally liable to pay the said sum to the appellants. The Tribunal while
considering the documentary evidence on record took note of the
injuries sustained by the victim. However, the Tribunal seems to have
come to a conclusion that the victim had not undergone any surgery
and there was no material to show that he had suffered any
disfigurement.
3. Learned counsel for the appellants have made available
before us not only the documents produced before the Tribunal, but
also the post- mortem certificate and the discharge summary issued
from the Medical College Hospital for our perusal.
4. We have heard learned counsel for the two Insurance
Companies also. It is apparent that the deceased victim had suffered
extensive injuries on his chin. As mentioned earlier, six of his teeth
had got avulsed and both bones in his left leg were fractured. The
Tribunal has not awarded any compensation under the head of
disability obviously for the reason that appellants had not produced any
disability certificate. However, a sum of Rs. 15,000/- has been
awarded under the head of pain and suffering and Rs. 5,000/- towards
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loss of amenities.
5. Having regard to the totality of the facts and circumstances
of the case and also having carefully considered the medical records
available before us, we are of the view that interest of justice will be
met, if a lump sum amount of Rs. 40,000/- is awarded under the head
of disability. Similarly, towards loss of amenities, we award an
additional sum of Rs. 10,000/-. For pain and suffering, appellants
are entitled to get a further sum of Rs. 10,000/-.
6. Thus, the appellants are entitled to get Rs. 60,000/- as
enhanced compensation with 7% interest from the date of petition till
the date of realisation. The two Insurance Companies namely
respondents 2 and 4 shall pay the compensation to the appellants in
equal proportion.
The appeal is disposed of in the above terms.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
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sv.
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