N.K.Rajan vs P.K.Beerankutty on 2 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 969 of 2000()



1. N.K.RAJAN
                      ...  Petitioner

                        Vs

1. P.K.BEERANKUTTY
                       ...       Respondent

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  :SRI.P.SANKARANKUTTY NAIR

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :02/01/2008

 O R D E R
                           K. PADMANABHAN NAIR ,J.
                       -------------------------------------------------
                                 M.F.A.No.969 of 2000
                       -------------------------------------------------
                     Dated, this the 2nd day of January, 2008
                                      JUDGMENT

The petitioner in O.P.(MV) No.2527/1994 on the file of the Motor

Accidents Claims Tribunal, Manjeri is the appellant. Appellant sustained injuries

in a motor vehicle accident occurred on 30.5.1994. He filed Original Petition

claiming compensation from the owner, driver and insurer of the vehicle. Owner

and driver did not contest. Insurer alone contested. Negligence alleged against the

driver was denied. Quantum of compensation claimed was disputed. Tribunal

after trial found that the accident occurred due to the negligence of the driver of

the vehicle. It also found that the appellant is entitled to get compensation.

Tribunal awarded an amount of Rs.12,750/- as compensation. Challenging the

quantum of compensation, the petitioner himself has filed this appeal.

2. The only question arising for consideration is that whether the

appellant is entitled to get any additional compensation. Evidence adduced in this

case shows that the appellant sustained colles fracture left. But the Tribunal has

not awarded any amount on account of disability, inconvenience, loss of amenities,

etc. The appellant was a head load worker. So I am of the view that at least an

amount of Rs.7,000/- ought to have been awarded on those counts.

In the result, appeal is allowed in part. An award is passed in favour of the

appellant allowing him to recover an amount of Rs.7,000/- more with 6% interest

MFA No.969/2000 -: 2 :-

per annum from the date of petition till the date of realisation. Third respondent

insurer is directed to deposit that amount also. On deposit the appellant can

withdraw the entire amount.

K. PADMANABHAN NAIR,
JUDGE.

cks

MFA No.969/2000 -: 3 :-

K.PADMANABHAN NAIR, J.

M.F.A.No.969 of 2000

JUDGMENT

2nd January, 2008.