Loading...

Antony.K.D. @ Anto vs D.Ashraf on 17 June, 2008

Kerala High Court
Antony.K.D. @ Anto vs D.Ashraf on 17 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 1174 of 2001(D)



1. ANTONY.K.D. @ ANTO
                      ...  Petitioner

                        Vs

1. D.ASHRAF
                       ...       Respondent

                For Petitioner  :SRI.THOMAS ANTONY

                For Respondent  :SRI.PMM.NAJEEB KHAN

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

 Dated :17/06/2008

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = = =
                   M.F.A.NO. 1174 OF 2001
               = = = = = = = = = = = = = = =
            Dated this the 17th day of June, 2008.

                        J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Kozhikode in OP(MV)582/90. The

claimant had sustained an injury on the nose besides a

fracture of the nasal bone. He was treated as an inpatient in

the Medical College Hospital, Kozhikode for a day. Thereafter

he got himself discharged and got admitted in a private

nursing home called Rajendra Nursing Home. The award of

the Tribunal would reveal, on examination from there, it was

found that the claimant had sustained a fracture on the

transverse process of the 3rd and 4th lumbar vertebra. The

Tribunal did not consider regarding any disability and awarded

a compensation of Rs.15,000/- for pain and sufferings,

Rs.2,000/- towards medical expenses, Rs.1,500/- towards

incidental expenses and Rs.1,500/- towards compensation for

loss of actual earnings.

MFA 1174 of 2001
-2-

2. Subsequently an application was filed for review

along with a disability certificate, a copy of which is made

available to me. The Doctor has certified regarding the

fracture of the nasal bone as well as the fracture of the L3 and

L4 spine and it is further stated that he has got a recurring

attack of sinusitis besides stiffness of the spine and therefore

he will not be able to squat or walk freely. Taking into

consideration all these aspects the disability is assessed at

15%. At the same time, it has to be stated that this Doctor

was not examined. But the fact remains that there was a

fracture of the nasal bone as well as lumbar vertebra, there is

nothing wrong in at least fixing the disability at 7%. If the

disability is taken at 7% and income at Rs.1,500/-, then the

loss of earnings would come to Rs.1,260/- per annum and by

applying a multiplier of 16, the disability compensation would

come to Rs.20,160/-. Therefore the claimant is entitled to an

additional compensation of Rs.20,160/-.

In the result the MFA is partly allowed and the claimant

is awarded an additional compensation of Rs.20,160/- with 7%

MFA 1174 of 2001
-3-

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 ninety days from the date of

receipt of a copy of the judgment.

M.N. KRISHNAN, JUDGE.

ul/-

MFA 1174 of 2001
-4-

M.N. KRISHNAN, J.

= = = = = = = = = =
M.F.A. No. 85 OF 2000
= = = = = = = = = = =

J U D G M E N T

17th June, 2008.

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information