IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1194 of 2008()
1. C.A.BOBAN, S/O.CHACKO,
... Petitioner
Vs
1. GANGADHARAN NAIR A.M.,
... Respondent
2. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :SRI.JOSHI N.THOMAS
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/10/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A No. 1194 OF 2008
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Dated this the 28th day of October, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Addl. Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 427/03.
The claimant, aged 38 years, sustained injuries in a road accident
and the Tribunal awarded him a compensation of Rs.20,750/- with
6% interest. It is against the same, the claimant has come up in
appeal for enhancement of compensation.
2. Heard the counsel appearing for both sides. A perusal of
the award would reveal that the claimant had sustained lacerated
wound on the sub condyle region, lacerated wound on the back and
fracture of the 7th, 8th and 9th ribs besides other abrasions. He was
treated as inpatient in the hospital for 12 days. He was also treated
for pneumothorax. He had produced a disability certificate of 12%
which was not considered by the Tribunal. It is also stated that he
had ischaemia. Learned counsel for the appellant has made
available before me for perusal the disability certificate issued by the
Doctor which indicates that he was having a chest expansion of only
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3 cms which is not adequate to carry heavy work. The Doctor also
took into consideration that he was working in the tensiling
department. But the Doctor’s certificate is vague as anything and
therefore it may not be possible for accepting the disability as such.
But if the disability of 5% is taken into consideration and the income
at Rs.1,500/- per mensum, the disability compensation would come
to Rs.14,400/- out of which for loss of amenities and enjoyment in life
Rs.4,000/- is granted. Therefore, I am inclined to grant an additional
compensation of Rs.10,000/- more towards loss of amenities. On all
other heads, I feel the compensation awarded by the Tribunal is just
and reasonable.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.10,000/- with 6 %
interest on the said sum from the date of petition till realisation. The
Insurance company is directed to deposit the amount within a period
of 60 days from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
vps
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