High Court Kerala High Court

Prajim vs K.A.Sunil on 3 February, 2009

Kerala High Court
Prajim vs K.A.Sunil on 3 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 1209 of 2002()


1. PRAJIM, S/O. LATE ANANDHAN,
                      ...  Petitioner

                        Vs



1. K.A.SUNIL, S/O. APPUKUTTAN,
                       ...       Respondent

2. RAGUVARAN, S/O. BALAKRISHNAN,

3. THE NEW INDIA ASSURANCE CO. LTD.,

                For Petitioner  :SRI.K.B.MOHANDAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :03/02/2009

 O R D E R
                      M.N. KRISHNAN, J.
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                  M.F.A.NO. 1209 OF 2002
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          Dated this the 3rd day of February, 2009.

                        J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Thrissur in OP(MV) 3169/00. The

claimant, a fisherman by profession sustained injuries in a

road accident. The Tribunal awarded a total compensation of

Rs.26,550/-. It is against that decision the claimant has come

up in appeal for enhancement. A perusal of paragraphs 23

and 24 of the award would reveal that the claimant had

sustained a lacerated wound over the forehead, Oedema on

the eye lid, lacerated wound on the face, lacerated wound on

the right pinna and an incised wound of 15 x 7 cms. back of

the left thigh exposing the muscles. He was initially shown in

a local hospital and was referred to the Medical College

Hospital wherein he had undergone treatment from 20.8.00 to

22.8.00 and on that day he was discharged at his request and

was admitted in a private hospital called Aswini Hospital

MFA 1209 of 2002
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where he had undergone treatment thereafter. The C.T. Scan

revealed mild brain oedema. The claimant is a fisherman by

profession and the Tribunal has awarded him loss of earnings

of Rs.3,000/- for one and half months. Considering the

profession as a fisherman and also the factum that he had

brain oedema coupled with exposed incised wound on the

thigh muscles having a dimension of 15 x 7 cms. I am inclined

to fix the wages at Rs.2,500/- and give a compensation for

loss of earnings for two months which would come to

Rs.5,000/-. So the claimant will be entitled to an additional

compensation of Rs.2,000/- under that head. Similarly, I feel

that the compensation awarded for pain and sufferings is also

low considering the nature of injuries. He had undergone

treatment in two hospitals for more than two to three weeks

and he had brain oedema coupled with other injuries on the

face and an incised wound on the thigh exposing muscles I

enhance the pain and sufferings compensation to Rs.10,000/-

thereby increasing an amount of Rs.2,500/- more.

Considering these aspects I am also inclined to enhance the

MFA 1209 of 2002
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compensation for loss of amenities and enjoyment by

Rs.2,000/- thereby making it an additional compensation of

Rs.6,500/-.

In the result the MACA is partly allowed and the claimant

is awarded an additional compensation of Rs.6,500/- with

7.5% interest on the said sum from the date of petition till

realisation and the insurance company is directed to deposit

the same within a period of sixty days from the date of receipt

of a copy of the judgment.

M.N. KRISHNAN, JUDGE.

ul/-

MFA 1209 of 2002
-4-

M.N. KRISHNAN, J.

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M.F.A. No. 1209 OF 2002
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J U D G M E N T

3rd February, 2009.