IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1370 of 2004()
1. C.P.SOMAN, ARYATTU APRAMPIL,
... Petitioner
Vs
1. M.C.DINESAN, MOOZHIKKUNNEL HOUSE,
... Respondent
2. JOY @ KUTTAN, S/O.DEVASIAKUTTY,
3. NEW INDIA ASSURANCE CO.LTD., KOTTAYAM
For Petitioner :SMT.BETTY K.ALUKKA
For Respondent :SRI.P.G.GANAPPAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/09/2009
O R D E R
M.N.KRISHNAN, J.
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MACA.1370 of 2004
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Dated this the 14th day of September, 2009
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kottayam in OP(MV)No.1202/1998. The
claimant sustained injuries in a road accident and he has
been awarded a compensation of Rs.10,000/=. It is against
that decision, the claimant has come up in appeal.
2. The leanred counsel for the appellant had made
availabe for perusal all the relevant documents produced in
the case. Immediately after the accident, the claimant was
admitted in MMT, Hosptial at Mundakayam. He had
sustained abrations on the kneee and leg, lacerated injury
on the left leg and a contusion on the left side of the
anterior chest wall. Initially the X-ray did not reveal any
fracture. But, subsequently it has been seen that he had
sustained fracture of two ribs namely 4th and 6th ribs. He
was advised to take rest. Another exhibit produced would
show that he was a permanent worker in Travancore
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Rubber and Tea company having a monthly wages of
Rs.1555/=. It is also seen that he was absent for work from
4.11.1997 to 9.1.1998. With these materials let us fix the
compensation. He was prevented from doing work for two
months and therefore I fix the loss of earning at Rs.3,200.
He would have spent Rs.850/- for medical expenses. There
would have been somebody with him during the period of
hospitalisation of 12 days. His cloths would have been
damaged on account of the accident and he would have the
help of somebody to go to hospital and he would have taken
some nutritious food. Taking into consideration all these
aspects, I am inclined to award an amount of Rs.2,100/-.
The Tribunal has awarded him a total compensation of
Rs.7,000/= for pain and suffering. It does not require any
interference. Towards loss of amenities and enjoyment in
life, I award Rs.3,000/=. Therefore, the claimant will be
entitled to a total compensation of Rs.15,300/= after
dedectuing the sum of Rs.10,000/= already awarded. Thus
the claimant is entitled to an additional compensation of
Rs.5,300/=.
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Therefore, the appeal is partly allowed and the
claimant is awarded an additional comepensation of
Rs.5,300/= with 7% interest on the said sum from the date of
the petition till realisation and the respondent insurance
compnay is directed to depoist the said amount within a
period of 60 days from the date of receipt of a copy of this
judgment.
M.N.KRISHNAN, JUDGE
cl
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