High Court Kerala High Court

Johnson vs Manoj Kumar on 16 June, 2008

Kerala High Court
Johnson vs Manoj Kumar on 16 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 610 of 2004()


1. JOHNSON, S/O. INASU, ELUVATHUNGAL HOUSE
                      ...  Petitioner

                        Vs



1. MANOJ KUMAR, CHATHAKUDATH HOUSE,
                       ...       Respondent

2. OUSEPH S/O. VAREED, THALIKULAM HOUSE,

3. THE UNITED INDIA INSURANCE CO.LTD.,

                For Petitioner  :SRI.V.A.PRADEEP KUMAR

                For Respondent  :SRI.N.S.MOHAMMED USMAN

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

 Dated :16/06/2008

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 M.A.C.A. NO. 610 OF 2004
             = = = = = = = = = = = = = = =
          Dated this the 16th day of June, 2008.

                       J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)250/94.

The claimant sustained a barton fracture wrist with multiple

abrasions all over the body. He was initially treated as an

inpatient in the hospital for two days. Internal fixation was

done and it was removed. The Tribunal itself has observed

that the claimant has produced medical bills for Rs.8,291/-.

The claimant produced a disability certificate for 7%. The

Tribunal did not accept it on the ground that he has not

examined the Doctor. He claimed an income of Rs.2,000/-.

But the Tribunal fixed it at Rs.1,000/-. The Tribunal should

have at least taken a notional income of Rs.1,250/-. If it is

taken, then towards loss of earning for six months there is

an addition of Rs.1,500/-. Though he had produced medical

bills for Rs.8,291/-, the Tribunal finds that he is only entitled

to Rs.6,000/-. So it needs interference. Therefore I award

M.A.C.A. 610 OF 2004
-:2:-

an amount of Rs.2,300/- under that head. It is seen from

the award itself that there was an internal fixation for two

years. Though the disability certificate is not proved by

examining the Doctor it is certain that there would have been

temporary difficulties and inconvenience for him for a

considerable length of time. Therefore I enhance the

compensation for loss of amenities by Rs.2,000/-. Therefore

the claimant will be entitled to an additional compensation of

Rs.5,800/-.

In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.5,800/- with 7% 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/-