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Dincy vs The Managing Director on 10 July, 2008

Kerala High Court
Dincy vs The Managing Director on 10 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1255 of 2004(C)


1. DINCY, D/O. RAJU, KALAIL VEEDU,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR, KSRTC,
                       ...       Respondent

2. SAINUDEEN, SAHANA MANZIL, NEAR

3. MATHAI, PADINJAREKUDIYIL VEEDU,

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC

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

 Dated :10/07/2008

 O R D E R
                         M.N.KRISHNAN, J.
                         --------------------------
                    M.A.C.A. No. 1255 OF 2004
                           ---------------------
                Dated this the 10th day of July, 2008

                             JUDGMENT

This appeal is preferred against the award passed by the

Motor Accident Claims Tribunal, Neyyattinkara, in OP(MV) 1136/01.

The claimant, a student, sustained injuries in a road accident. The

KSRTC bus was stopped for alighting passengers and the conductor

of the bus before closing the door gave the signal and the driver

moved the bus forward. The door of the bus dashed against the

appellant herein and she sustained injuries. It is seen that she has

suffered haematoma on the left shoulder and contusion on the left

shoulder. She was treated as outpatient in the Medical College

Hospital and thereafter had undergone Ayurvedic treatment for some

days in the Ayurveda College Hospital, Thiruvananthapuram.

2. The grievance of the appellant is that she has sustained

4% disability and the Tribunal has not awarded any compensation for

loss of amenities and enjoyment in life. The disability certificate has

not been proved by examination of the Doctor and even the claimant

has not mounted the box to describe about her disability. The

injuries are only contusions and abrasions. But it appears that she

MACA No.1255/04 2

had some sprain on the shoulder and it is only a temporary

phenomena. There is noting to show that the accident had caused

difficulty or she had undergone treatment continuously.

3. Taking into consideration the fact that she had pain and

swelling and had undergone outpatient treatment for some days, I

am inclined to hold that there would have been some temporary

disability besides loss of amenities and enjoyment in life to the girl.

She was a student and it should have affected her free movements

and therefore taking into consideration that aspect, I am inclined to

additional sum of Rs.4,000/- towards loss of amenities and

enjoyment in life.

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

entitled to an additional compensation of Rs.4,000/- with 7 % interest

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

respondents. The 1st respondent KSRTC is directed to deposit the

amount within a period of 60 days from the date of receipt of a copy

of this judgment.

M.N.KRISHNAN, JUDGE
vps

MACA No.1255/04 3

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