IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1617 of 2006()
1. BIJU FRANCIS, AGED 24 YEARS,
... Petitioner
Vs
1. SREEJITH, S/O. NARAYANAN,
... Respondent
2. K.V. YESUDAS, S/O. VARGHESE,
3. NEW INDIA ASSURANCE COMPANY, KALPETTA.
For Petitioner :SRI.N.J.ANTONY
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :14/07/2009
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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M.A.C.A.No. 1617 of 2006
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Dated this the 14th day of July, 2009
JUDGMENT
Joseph, J.
The appellant is the claimant in O.P.(M.V.) No. 465 of
1997, which is a petition filed under Section 166 of the Motor
Vehicles Act.
2. As against the claim of the appellant for an amount of
Rs. 4 Lakhs, Rs.1,62,000/- alone was awarded by the Tribunal.
This appeal is directed against the quantum of compensation
awarded. Since the insurance coverage is admitted by the third
respondent, Insurance Company, we are not issuing notice to
respondents 1 and 2 and the appeal is taken up for hearing on
consent.
3. The learned counsel for the appellant raised two points
before us. He submits that only Rs.5,000/- was awarded towards
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pain and sufferings. The counsel submits that this is a case where
the right thumb of the appellant was amputated. The appellant was
in the hospital for four days and the amount awarded is too
meager.
4. Secondly it is contended that as against the claim for loss
of earnings, absolutely no amount was awarded. The appellant
was a Mason. Without the thumb he was disabled from earning.
The counsel took us through the relevant portion of the judgment
and pointed out that the reasoning of the Tribunal is that loss of
earning and earning power are the same. Towards disability an
amount of Rs.1,53,000/- was awarded.
5. The learned counsel for the Insurance Company supports
the award.
6. The first question to be considered is whether the
appellant is entitled to any further amount towards pain and
sufferings. The appellant was in the hospital for four days. The
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injury has resulted in amputation of his right thumb. The accident
took place in 1997. We feel that the appellant should be granted
further amounts under the head pain and sufferings. We award
Rs.5,000/- more under the head pain and sufferings.
7. The next question is regarding the loss of earning power.
No doubt, the learned counsel for the Insurance Company pointed
out that the appellant was in the hospital for four days. He also
submitted that there is no medical bills produced. Considering
the vocation of the appellant, we feel that the Tribunal should have
awarded compensation for loss of earnings. The appellant was
examined as PW1 also.
7. The learned counsel for the appellant submitted that the
appellant was not earning for one year and he was undergone
plastic surgery also. We feel that an amount of Rs.6,000/- can be
awarded under the head loss of earnings.
8. Accordingly this appeal is allowed in part. The appellant
is allowed to realise an amount of Rs.11,000/- with interest at the
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rate of 7.5% from the date of the petition till the date of realisation
from the third respondent.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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