IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1023 of 2006()
1. CHERADA KHALID, AGED 30 YERS,
... Petitioner
Vs
1. K.V.PRADEEP KUMAR, S/O.KARTHIAYANI,
... Respondent
2. ABDUL BASHEER, S/O.UNNIMOHAMMED,
3. ORINETAL INSURANCE CO.LTD.,
For Petitioner :SRI.T.K.AJITH KUMAR
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/08/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1023 OF 2006
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Dated this the 5th day of August, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Manjeri in O.P.(MV)877/02. The
petitioner, a head load worker aged 30 years, sustained
injuries in a road accident. He has been awarded a
compensation of Rs.26,385/-. It is against that decision, the
present appeal is preferred.
2. A perusal of the award would reveal that he had
suffered an abrasion of 2 x 2 cm. on the right knee, a similar
abrasion on the right leg and X-ray revealed a fracture on
the left maxilla. He was treated as an inpatient in the
hospital for nine days. The Tribunal has awarded him a loss
of earnings for one year, i.e.Rs.15,000/-, another amount of
Rs.9,000/- towards pain and sufferings, then for medical
expenses, extra nourishment and transport to hospital.
Granting of one year’s loss of earning would cover all other
temporary disability, loss of amenities and enjoyment in life
M.A.C.A. 1023 OF 2006
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and utmost for such a person the actual loss of earnings
would be only for two months. So when extra amount is
awarded under that head, most probably the Tribunal has
applied its mind on those inconveniences and granted such a
sum. Therefore, on an over all analysis of the case would
reveal that the Tribunal has awarded a just and reasonable
compensation which does not call for any interference.
Hence the appeal is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-