K.Prakashini vs P.I.Shajan on 31 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1385 of 2010()


1. K.PRAKASHINI, W/O.MANOHARAN, AGED 38 YRS
                      ...  Petitioner

                        Vs



1. P.I.SHAJAN, S/O.ITTOOP, AGED NOT KNOWN,
                       ...       Respondent

2. THE NATIONAL INSURANCE CO.LTD,

                For Petitioner  :SRI.V.S.CHANDRASEKHARAN

                For Respondent  :SMT.SARAH SALVY

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

 Dated :31/01/2011

 O R D E R
                M.N. KRISHNAN, J.
           = = = = = = = = = = = = = =
            M.A.C.A. NO. 1385 OF 2010
         = = = = = = = = = = = = = = =
     Dated this the 31st day of January, 2011.

                 J U D G M E N T

This appeal is preferred against the award

of the Motor Accidents Claims Tribunal,

Kozhikode in O.P.(MV)1212/06. The claimant, a

38 year old lady, sustained injuries in a road

accident and the Tribunal awarded a compensation

of Rs.4,000/-. Dissatisfied with the same the

claimant has come up in appeal.

2. Heard the learned counsel for the

appellant as well as the insurance company. It

is averred in the petition that the claimant has

sustained fracture on four ribs, fracture on

public ramus besides loss of tooth and other

injuries but the wound certificate produced only

reveal abrasions on the face, chest and on the

forehead. At the time of hearing the learned

M.A.C.A. 1385 OF 2010
-:2:-

counsel for the appellant had shown me a

document issued by the Dental Department of the

Medical College Hospital, Kozhikode. After

perusing the same I am convinced that on account

of the impact of the accident there was a mobile

teeth. Doctors have recorded that there was a

fracture. So it is certain that the impact of

the said injury has caused some inconvenience

for the person. So taking into consideration

that aspect some enhancement is called for but

the other statements in the claim petition are

not supported or substantiated by any evidence.

Considering the age of the person and the nature

of the injuries sustained on the head and face

I am inclined to enhance the compensation by

Rs.4,000/-.

In the result the MACA is partly allowed

and the claimant is awarded an additional

M.A.C.A. 1385 OF 2010
-:3:-

compensation of Rs.4,000/- 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/-