IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1217 of 2008()
1. K.PRABHAKARAN,S/O.APPU,
... Petitioner
Vs
1. T.V.BABU,S/O.GOVINDAN NAIR,
... Respondent
2. THE NEW INDIA INSURANCE COMPANY LTD,
For Petitioner :SRI.JOSE KURIAKOSE (VILANGATTIL)
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.1217 OF 2008
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Dated this the 10th day of February, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.481/2001. The
claimant, a 51 year old man, sustained injuries in a road
accident and the Tribunal has awarded him a compensation
of Rs.27,500/=. Dissatisfied with the same, he has come up
in appeal for enhancement.
2. Heard. A perusal of the award would reveal that the
claimant has sustained a fracture of the clavicle and there
was diffused orbital odema. The C.T. Scan did not reveal any
serious problem. The Tribunal did not find any materials in
relation to fracture of the zygoma. The claimant was aged
51 years at the time of the accident and the accident took
place in the year 2000. It may not be on the higher side if
the income is fixed at Rs.2000/= and for three months actual
loss of earnings when it is calculated at the rate of Rs.2,000/=
the claimant will be entitled to an additional compensation
of Rs.1,500/=. The claimant was inpatient in a hospital for 17
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days and at the rate of Rs.100/=, he is entitled to Rs.1,700/=
of which only Rs.1,000/= is seen paid and therefore he is
entitled to balance of Rs.700/= as compensation. Fracture
of clavicle at the age of 51 would cause problems when
one has to do manual works and certainly there would have
been temporary disability and loss of amenities and
enjoyment on account of the odema as well as facial injury
to zygoma. Taking into consideration all these aspects, I am
inclined to grant Rs.3,000/= more towards loss of amenities
and enjoyment thereby entitling the claimant to have an
additional compensation of Rs.5,200/=.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of Rs.5,200/=
with 8% interest on the said sum from the date of petition till
realisation and the respondent insurance company is directed
to deposit the said amount within a period of 60 days from
the date of receipt of a copy of this judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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