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
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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
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