IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 636 of 2001()
1. S. GIREESAN ASARI
... Petitioner
Vs
1. Y.A. RAHIM
... Respondent
For Petitioner :SRI.V.N.ACHUTHA KURUP
For Respondent :SRI.JAMES KURIAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :18/08/2007
O R D E R
J.B.KOSHY & V.GIRI, JJ.
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M.F.A.NO.636 OF 2001 ()
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Dated this the 18th day of August, 2007
J U D G M E N T
KOSHY,J.
Appellant/petitioner, a tourist taxi driver met with an
accident and as a result of which, he sustained fracture of the
6th rib (L), fracture of nasal bone, abrasion over the chin and
sprain (L) wrist and even after the treatment, he was unable to
drive. No disability certificate was produced. But 4% disability
was assessed by the tribunal after seeing the claimant and
compensation was assessed taking 18 as the multiplier. It is
come out in evidence that from the place of accident he was
taken to the Medical Trust Hospital, Ernakulam and from there
to Medical College Hospital, Thiruvananthapuram. For
treatment expenses and bye-stander expenses, only Rs.2,500/-
was awarded. For purchase of medicines only Rs.1,511.94 was
awarded. Considering the long treatment he has undergone
and taking the fact that he was treated at Ernakulam and
M.F.A.636/2001 2
Thiruvananthapuram as he was a native of Poovachal in
Alleppey, we are of the opinion that more amount ought have
been awarded for treatment expenses and thus we award
Rs.7,000/- more for treatment and medical expenses. Since no
disability certificate is produced, we are of the opinion that
compensation awarded under other heads are reasonable even
though it was contended that he is unable to undertake long
journey and he is unable to drive a taxi and he lost
employment due to the injuries caused in the accident. The
additional amount of Rs.7,000/- should be deposited by the
3rd respondent Insurance company with 7.5% from the date of
application till deposit, over and above the decreed amount by
the Tribunal and on deposit of the amount, appellant is free to
withdraw the same. Accordingly appeal is allowed partly.
J.B.KOSHY, JUDGE
V.GIRI, JUDGE
prp
M.F.A.636/2001 3
J.B.KOSHY & V.GIRI, JJ.
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M.F.A.NO.636 OF 2001 ()
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J U D G M E N T
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18th August, 2007