IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 46 of 2006()
1. BABY JOSEPH, S/O.JOSEPH,
... Petitioner
Vs
1. SOMAN, THEKKEKARAYIL HOUSE,
... Respondent
2. O.K.HASSAN, OTTIKOTTATHIL HOUSE,
3. THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.S.PRASANTH
For Respondent :SRI.P.MURALEEDHARAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :03/11/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.NO.46 OF 2006 (A)
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Dated this the 3rd day of November, 2008
J U D G M E N T
KOSHY,J.
Appellant/Claimant sustained serious injuries in a motor
accident on 16.1.1993. As a result of the accident, he
sustained isodense chronic subdural haematoma involving
both fronto parietal regions. Doctor certified 8% disability.
But no compensation was awarded for permanent disability
and loss of earning power and total amount awarded was only
Rs.20,262/- inclusive of reimbursement of medical expenses.
The only dispute is regarding the quantum of compensation.
2. According to the appellant, he was a head load worker
earning an amount of Rs.4,000/-. Accident occurred in 1993.
In the absence of evidence, Tribunal fixed Rs.1,500/- as the
monthly income. We see no ground to enhance the same. He
could not do any work for a period of two months. But
Tribunal has awarded only Rs.2,000/- for loss of actual earning
while he was under treatment. Therefore, he is entitled to
MACA.46/06 2
Rs.1,000/- more for loss of actual earning. Even though
Tribunal did not award any amount for disability, it has come
out in evidence that the appellant had fracture of the nasal
bone as evidenced from Ext.A6 and subdural haematoma.
Taking all these things, we are of the opinion that atleast
Rs.5,000/- ought to have been awarded for the injuries
sustained by him. Thus, additional compensation amount
payable will be Rs.6,000/-. The additional amount of
Rs.6,000/- should be deposited by the 3rd respondent
Insurance company with 7.5% interest from the date of
application till its deposit over and above the amount decreed
by the Tribunal. On deposit of the above amount, appellant is
allowed to withdraw the same. Appeal is accordingly partly
allowed.
J.B.KOSHY, JUDGE
K.P.BALACHANDRAN, JUDGE
prp
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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14th October, 2008