Chandrika vs M.C.Unnikrishnan on 12 June, 2008

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Kerala High Court
Chandrika vs M.C.Unnikrishnan on 12 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 766 of 2004()


1. CHANDRIKA, W/O. DINESAN,
                      ...  Petitioner

                        Vs



1. M.C.UNNIKRISHNAN, S/O. CHATHUKUTTY,
                       ...       Respondent

2. SHAJU P.T., S/O. PARAPPURATH THANKAPPAN,

3. MANAGER,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.A.C.DEVY

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :12/06/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                       M.A.C.A. No. 766 OF 2004
                             ---------------------
                Dated this the 12th day of June, 2008

                               JUDGMENT

This appeal is preferred against the award passed by the Motor

Accident Claims Tribunal, in OP(MV) 266/98 whereby the Tribunal

has awarded a compensation of Rs.18,000/-. The appellant is a

cashew worker aged 48 years. She had sustained fracture of the

scapula and was treated an inpatient for one day. The disability

certificate was produced. But the Tribunal did not take into account

the same and awarded the compensation. Tribunal awarded

Rs.7,000/- for loss of amenities.

2. Learned counsel had shown me the disability certificate

which shows that there is a limitation of abduction and difficulty in

circulation of the left shoulder and pain on the left shoulder. Taking

into consideration the avocation of the appellant, her age, nature of

injuries sustained, I feel 5% disability can be taken. Her income is

fixed at Rs.1,200/- and the annual loss of earning power will be

Rs.720/- and if it is multiplied by 13, it will come to Rs.9,360/-. Over

and above this, some more amount has to be given for loss of

amenities also which I fix as Rs.3,000/-. The appellant will be

MACA No.766/04 2

entitled to an additional compensation of Rs.12,360/- out of which

Rs.7,000/- has already been awarded. Therefore, the appellant is

entitled to an enhanced compensation of Rs.5,360/-.

In the result, the MACA is partly allowed and the claimant is

awarded an additional compensation of Rs.5,360/- with 7% interest

on the said sum from the date of petition till realisation. The

Insurance Company is directed to deposit the amount within 60 days

from the date of receipt of a copy of this judgment.

M.N.KRISHNAN, JUDGE
vps

MACA No.766/04 3

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