IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2480 of 2009()
1. BABU, S/O.VAMADEVAN,
... Petitioner
Vs
1. MITHRA DAS, S/O.VELAYUDHAN,
... Respondent
2. RAMESH, S/O.MUTHAIYA,
3. NEW INDIA ASSURANCE COMPANY LIMITED,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :SMT.T.C.SOWMIAVATHY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/12/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2480 OF 2009
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Dated this the 1st day of December, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)
623/01. The claimant, a 28 year old head load worker,
sustained injuries in a road accident and the Tribunal
awarded him a compensation of Rs.28,070/-. Dissatisfied
with the award the claimant has come up in appeal.
2. Learned counsel for the appellant very strongly
contends before me that the Tribunal has erred in fixing a
reasonable compensation under the provisions of the Act. A
perusal of the award would reveal that the claimant had
sustained a lacerated injury of 8 x 1 c.m. bone deep left leg
with heel pad avulsion. He was treated as an inpatient in the
Medical College Hospital for one day and it appears that he
had visited ESI hospital as well as Ayurvedic hospital for
further treatment and the Doctor, an Asst. Professor of
Orthopedics issued a disability certificate of 3% on account of
M.A.C.A. 2480 OF 2009
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the partial ankylosis of the left ankle joint. The Tribunal
fixed the income at Rs.2,000/- and calculated the
compensation. I feel considering the worker as a head load
worker the Tribunal should have taken at least Rs.2,500/- as
his income and when the disability is taken as 3% and a
multiplier of 17 is used as per Sarala Varma’s case (2009
ACJ 1298(Sarala Varma v. Delhi Transport
Corporation) the disability compensation would come to
Rs.15,300/- out of which the Tribunal has awarded a
compensation of Rs.12,240/- making a difference of
Rs.3,060/- under that head. Certainly on account of the
place of injury namely ankle and the prolonged treatment he
would not have been able to do any work for a period of two
months. So at the rate of Rs.2,500/- when it is worked out
the claimant is entitled to an additional compensation of
Rs.2,000/- under that head. He had undergone treatment in
three hospitals and certainly he would have required some
medicines, for the purpose I enhance that amount by
another Rs.500/-. Similarly towards pain and sufferings also
M.A.C.A. 2480 OF 2009
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I am inclined to enhance the same by Rs.1,000/- thereby
making an additional compensation of Rs.6,560/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.6,560/- 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/-