IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 593 of 2010()
1. A.CHANDRAN, S/O.ARUMUGHAN,
... Petitioner
Vs
1. ABILASH, S/O.RAVI,
... Respondent
2. N.K.AHAMMEDKUTTY, S/O.MOOSA,
3. THE NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SMT.CELINE JOSEPH
For Respondent :SRI.M.RAJAGOPALAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/02/2011
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 593 OF 2010
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Dated this the 9th day of February, 2011.
J U D G M E N T
This appeal is preferred against the award
of the Motor Accidents Claims Tribunal, Kalpetta
in O.P.(MV)737/00. The claimant, a 39 year old
man, sustained injuries in a road accident and
the Tribunal awarded a compensation of
Rs.3,850/- with 6% interest and a direction was
given to the owner and driver to pay the amount
and the insurance company was exonerated from
the liability. It is against that decision the
claimant has come up in appeal for enhancement
etc.
2. Heard the learned counsel for the
appellant, the owner as well as the insurance
company. So far as the exoneration of the
insurance company is concerned this Court cannot
M.A.C.A. 593 OF 2010
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interfere for the reason that there is no appeal
filed by the owner and as there is breach of
policy condition the insurance company is
entitled to get exoneration of the liability.
3. So far as the quantum is concerned the
wound certificate was made available for perusal
which would show that the claimant had sustained
a lacerated wound over the left forehead and
another lacerated wound over the left intra
orbital region. Radiological examination was
done. He was treated as an inpatient in the
hospital for six days. I feel, considering the
position of the injury, the nature of the injury
and the period of treatment the compensation
awarded is inadequate. So I am inclined to
enhance the compensation by Rs.2,500/-.
In the result the MACA is partly allowed
and the claimant is awarded an additional
M.A.C.A. 593 OF 2010
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compensation of Rs.2,500/- with 6% interest on
the said sum from the date of petition till
realisation and respondents 1 and 2 are jointly
and severally liable to pay the same.
M.N. KRISHNAN, JUDGE.
ul/-
