IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 608 of 2010()
1. AYOOB,S/O.HASSAN,KARIKKUMPARAMBIL HOUSE,
... Petitioner
Vs
1. RAFEEQ,S/O.SULAIMAN,PALLATHUPARA HOUSE,
... Respondent
2. A.K.SULAIMAN KUTTY,S/O.KOCHUMAKKAR
3. THE NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.UNNIKRISHNAN.V.ALAPATT
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/01/2011
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 608 OF 2010
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Dated this the 17th day of January, 2011.
J U D G M E N T
This appeal is preferred against the award
of the Motor Accidents Claims Tribunal,
Thodupuzha in O.P.(MV)465/06. The claimant, a
rider of the motorcycle, sustained injuries in
a road accident when there was a collision
between the motorcycle and a lorry. The
Tribunal on a consideration of the materials
granted a sum of Rs.53,000/- of which
Rs.29,000/- represents medical expenses. It is
against that decision the claimant has come up
in appeal for enhancement.
2. Heard the learned counsel for the
appellant as well as the insurance company. A
perusal of the award would reveal that the
claimant was treated as an inpatient in the
M.A.C.A. 608 OF 2010
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hospital from 15.3.06 to 24.3.06. He had
sustained a depressed fracture on the frontal
area besides a fracture on the left radius. In
the radius fracture wire fixation was done. He
was working as a priest in a mosque and the
Tribunal awarded him three months loss of
earnings at the rate of Rs.2,000/- per month.
The Tribunal did not grant him any compensation
for loss of amenities and it is also submitted
that compensation awarded for pain and
sufferings is inadequate. Being a 27 year old
man I feel that the nature of injuries would
have caused him severe problems because of the
frontal bone depressed fracture. He would not
have been in a position to do any job for four
months because of this fracture as well as the
fracture of the radius. Considering the year of
the accident I fix the income at Rs.2,500/- per
M.A.C.A. 608 OF 2010
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month and award four months loss of earnings
which comes to Rs.10,000/- out of which
Rs.6,000/- is seen awarded by the Tribunal.
Therefore the claimant is entitled to an
additional compensation of Rs.4,000/- under that
head. Considering the nature, gravity and the
prolonged treatment I am inclined to grant
Rs.2,000/- more towards pain and sufferings. It
is true that no disability certificate is
produced in this case. But it is evident that
there was a depressed fracture on the frontal
bone it has to be elevated and debridement has
to be done. Over and above this, his radius
fracture has resulted in using K wire fixation
and therefore it is certain that this young man
should have suffered serious loss of amenities
and enjoyment in life. So an amount of
Rs.10,000/- is granted under that head. Thus
M.A.C.A. 608 OF 2010
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the claimant is granted an additional
compensation of Rs.16,000/-.
In the result the MACA is partly allowed
and the claimant is awarded an additional
compensation of Rs.16,000/- with 7.5% 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
sixty days from the date of receipt of a copy of
the judgment.
M.N. KRISHNAN, JUDGE.
ul/-