IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 172 of 2004()
1. VADAKKEPARAMBAN MANZOOR BABU,
... Petitioner
Vs
1. KAKKARI SIVADASAN, S/O. VASU,
... Respondent
2. K.S. CHANDRAN, S/O. SREEDHARAN,
3. UNITED INDIA INSURANCE CO.LTD.,
4. THE SECRETARY, MALAPPURAM DISTRICT
5. NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.K.P.MUJEEB
For Respondent :SRI.V.RAJENDRAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :02/12/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A.C.A.No.172 of 2004
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Dated this the 2nd day of December, 2008.
JUDGMENT
Thomas P.Joseph, J.
Appellant is aggrieved by what he called the insufficiency of compensation
awarded by the Tribunal for the injuries suffered by him in a motor accident on
28.5.1996 and preferred this appeal.
2. Heard counsel for the appellant and contesting respondent.
3. Point for consideration is whether appellant is entitled to get
enhanced compensation.
4. Perused the relevant records.
5. The point.
As against the claim for compensation of Rs.1,50,000/- Tribunal
awarded Rs.40,300/- which according to the appellant is meager. Ext.A2, copy
of the wound certificate shows that appellant suffered fracture of right femur
shaft with abrasion on the knee. Ext.A3 is the medical certificate which revealed
that appellant underwent inpatient treatment for 18 days at Little Flower
Hospital, Angamaly. Ext.A4, out patient ticket issued from that hospital and
Ext.A5, out patient ticket issued from Moulana Hospital, Perintalmanna show
continued treatment of the appellant. He produced Ext.A7 series, medical bills
for Rs.9,404.25. Appellant is a driver by occupation and produced Ext.A8, copy
MACA No.172/2004
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of driving licence. Tribunal observed from Ext.A9, discharge card that
appellant had undergone inpatient treatment for five days and was subjected to
operation on 28.7.2000. Considering these aspects, Tribunal awarded
Rs.40,300/- (break up figure is given in paragraph 9 of the award).
6. It is seen that Tribunal has fixed the monthly income of the
appellant as Rs.2,700/- and compensation is awarded for loss of earnings for
four months. Considering the nature of the injuries and period of treatment, we
are satisfied that compensation awarded for loss of earnings is justified. Taking
Ext.A7 series, Rs.10,000/- has been awarded for treatment expenses.
Compensation has also been awarded for transportation to hospital, extra
nourishment, damage to clothings and pain and suffering undergone. On going
through the award and considering the nature of injuries we are not persuaded to
think that any enhancement is required in the compensation awarded by the
Tribunal.
7. But, it is seen that Tribunal has not awarded compensation
for discomfort and loss of enjoyment of amenities of life arising from fracture of
right femur, shaft. It is true that appellant did not produce any evidence to show
that he is afflicted with any disability consequent to the fracture. But, the fact
that fracture of right femur, shaft would result in some discomfort and
inconvenience and consequently that affected the enjoyment of amenities of
life cannot be disputed. Considering the age of the appellant, his occupation as
driver and possible discomfort and consequent limitations for enjoyment of
amenities of life, we are inclined to award Rs.5,000/- as compensation on that
MACA No.172/2004
3
count. In view of the above, additional compensation payable to the appellant
is Rs.5,000/- which will carry interest at the rate of 7.5% per annum from the date
of application till realization.
Resultantly, this appeal is allowed in part. Over and above the
compensation awarded by the Tribunal, appellant is allowed to realize
Rs.5,000/- (Rupees Five thousand only) by way of additional compensation with
7.5% interest per annum from the date of application till realization from
respondents 1 to 3, jointly and severally. Third respondent being the insurer of
the offending vehicle is directed to deposit that amount in the Tribunal. On such
deposit, appellant is allowed to withdraw the same.
J.B.KOSHY,
JUDGE.
THOMAS P.JOSEPH,
JUDGE.
cks
MACA No.172/2004
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J.B.Koshy &
Thomas P.Joseph, JJ.
M.A.C.A.No. 172 of 2004
JUDGMENT
2nd December, 2008