IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 629 of 2010()
1. BHARGAVAN, VADAKKEPEEDIKACKAL,
... Petitioner
Vs
1. P.SIVASANKARA PILLAI,
... Respondent
2. VINOD KUMAR P., S/O.THANKAPPAN NAIR,
3. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/06/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.629 OF 2010
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Dated this the 4th day of June, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Alappuzha in OP(MV)No.1167/2004. The
claimant, a fish vender, sustained injuries in a road accident
and the Tribunal has awarded him a compensation of
Rs.30,000/= and directed the insurance company to pay the
amount. 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. The learned counsel for the appellant
has made available before me for perusal a copy of the
document relating to the injury sustained and the treatment
undergone. The claimant was admitted in the Medical Trust
Hospital, Ernakulam on 14.7.2003 and discharged on
17.7.2003. He had a wound on the nose and upper lip. The
main injuries were fracture of the nasal bone with nasal
deformity and teardrop fracture of C4 on the cervical spine.
Teardrop fracture means an avulsion fracture of one of the
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M.A.C.A.NO.629 OF 2010
short bones, as a vertebra, causing a tear-shaped disruption
of bone tissue. The award would further reveal that he had
again undergone treatment in SNMM Hospital, Cherthala
from 9.8.2003 to 17.8.2003 and again had visited the hospital
in 2008 as well. He was also treated for swelling of the left
hand. It is true that he produced a certificate showing
income as Rs.96,000/= per annum and examined the Village
Officer. But the Tribunal did not accept that certificate for
the reason that the Village Officer has assessed the income
without any proper materials. But considering the fact that
he is a fish vender, I feel there is reason to fix his income
at lest at Rs.3,000/= per month. So, the following
enhancement can be granted to the claimant.
3. On account of the nasal deformity coupled with
fracture as well as spine fracture, he would have been
prevented from doing any work for three months and at the
rate of Rs.3,000/= it would come to Rs.9,000/= out of which
Rs.4,000/= is granted and so the claimant will be entitled to
Rs.5,000/= towards actual loss of earnings. He had
undergone long treatment and the injury had been painful.
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M.A.C.A.NO.629 OF 2010
Considering the nature of the injuries and length of the
treatment, I award Rs.4,000/= more towards pain and
sufferings. Similarly fracture of the tissue of the cervical
spine and nasal bone deformity would have caused loss of
amenities and enjoyment in life for a long period and
towards the same, I award an additional compensation of
Rs.3,000/=. Thus the claimant will be entitled to an
additional compensation of Rs.12,000/=.
4. In the result, MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.12,000/= with 7.5% interest on the said sum from the
date of petition till realisation and the respondent insurance
company is directed to deposit the said amount within a
period of 60 days from the date of receipt of a copy of this
judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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