IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2217 of 2008()
1. DASAN, S/O.MANAKKATHODAN KUMARAN,
... Petitioner
Vs
1. K.J.ABDULKHADER, S/O.KANDAYAN KAREEM,
... Respondent
2. SHAJIMON, S/O.AKAPADAN HANEEFA,
3. THE NEW INDIA ASSURANCE CO.LTD, PDC BK
For Petitioner :SRI.P.V.BABY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/09/2009
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A.NO.2217 OF 2008
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Dated this the 22nd day of September, 2009
J U D G M E N T
This is an appeal preferred against the award of
the Claims Tribunal, Irinjalakkuda in OP(MV)No.695/2003.
The claimant, a head load worker by profession, sustained
injuries in a road accident. The treatment records would
reveal that he had contusion in the right chest with posterior
dislocation on the right hip. He was admitted on 19.1.2003
and discharged on 22.1.2003 from the Elite Mission Hospital,
Trichur. The dislocation was reduced under anaesthesia.
The chest X-ray revealed that it is satisfactory. He was
advised to take rest and was directed to review again on
24.2.2003. Thereafter a next document produced is in the
form of disability certificate in the year 2008, that too by a
doctor who has not earlier seen him or treated him. The
doctor has not been examined. The petitioner has not been
examined and on account of the dislocation of the hip, the
doctor has fixed disability at 9%. According to the doctor,
the claimant has got difficulty to sit for a long time or
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climb up and down etc. Since the disability certificate is not
proved, I cannot accept it for the purpose of calculating the
compensation. But, a man who is a head load worker by
profession having sustained dislocation of the hip certainly
would be handicapped in his day to day activities and there
would be loss of amenities and enjoyment in life for him.
Similarly being a head load worker, there is nothing wrong
in fixing his income at Rs.3,000/= in the year 2003.
Therefore towards additional loss of earnings, I am granting
Rs.2,000/= and towards loss of amenities and enjoyment
another Rs.5,000/= thereby entitling the claimant to have
an additional compensation of Rs.7,000/=.
In the result, the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.7,000/= with 7% interest on the said sum from the date of
the petition till realisation and the insuance company is
directed to deposit the said amount within a period of two
months from the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
cl
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