IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1476 of 2008()
1. ACHUTHAN.T.P., S/O.LATE KUNHIRAMAN
... Petitioner
Vs
1. INDIRA MOHAN KUMAR,
... Respondent
2. SIYAD, S/O,MOOSA, C.P.PARAMBATH
3. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/08/2008
O R D E R
J.B.Koshy & K.P.Balachandran, JJ.
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M.A.C.A.No.1476 of 2008
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JUDGMENT
Koshy, J.
The appellant/petitioner sustained injuries in
a motor accident. According to him, he sustained
head injury including fracture of lower end of ulna
right side. He was a fish merchant aged 55. No
disability certificate was produced. According to
the appellant, he has loss of memory and there is
no other difficulties. The entire medical expenses
were reimbursed. The Tribunal awarded an amount of
Rs.35,000/- towards pain and sufferings and
Rs.12,000/- for loss of amenities. Even though
there was no evidence Rs.2,500/- was taken as the
monthly income and granted three month’s income as
compensation for loss of earning capacity. A total
compensation of Rs.62,882/- with 8% interest per
annum from the date of application and also an
amount of Rs.750/- as cost was awarded by the
MACA 1476/08 2
Tribunal. We are of the opinion that just and
reasonable compensation is awarded and no
interference is called for.
The appeal is, hence, dismissed.
(J.B.Koshy, Judge)
6th August, 2008
(K.P.Balachandran, Judge)
tkv