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
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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.
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