Jitto Johnson vs Johnson Mathew on 12 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1309 of 2006()


1. JITTO JOHNSON, S/O. JOHNSON MATHEW,
                      ...  Petitioner

                        Vs



1. JOHNSON MATHEW, S/O. MATHEW,
                       ...       Respondent

2. THE BRANCH MANAGER,

                For Petitioner  :SMT.ANNIE PAUL

                For Respondent  :SRI.RAJAN P.KALIYATH

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

 Dated :12/06/2008

 O R D E R
                             M.N.KRISHNAN, J
                         =====================
                          MACA No.1309 OF 2006
                         =====================

                  Dated this the 12th day of June 2008

                                 JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Muvattupuzha in O.P.(MV)No.340 of 2002. The claimant

sustained injuries in a road accident whereby there was a displaced fracture

of tibia. The claimant was initially admitted in the hospital for 18 days and

nailing was done. His plaster cast was removed on 11.3.2002. The main

grievance of the learned counsel for the appellant is that though medical

expenses incurred is Rs.21,404/- only an amount of Rs.15,000/- is given

which requires interference. The Tribunal had only awarded Rs.15,000/-

under the head medical expenses on the ground that the claim is only for

that amount. In case of treatment when fracture is involved and it goes on,

there is nothing wrong for the Tribunal to give the expenses, i.e. incurred,

when it is supported by materials. Therefore I accept the contention of the

learned counsel for the appellant and award a sum of Rs.6,400/- towards

additional medical expenses. Similarly, learned counsel would contend that

the appellant was in the hospital for about 18 days and further that he was in

MACA 1309/2006 -:2:-

plaster cast till 11.3.2002 and thereafter he had to visit the hospital on so

many occasions, certainly he would have suffered excruciating pain, I

award Rs.3,000/- more under that head. Therefore the claimant is entitled

to an additional compensation of Rs.9,400/-.

Therefore MACA is partly allowed and the claimant is entitled to an

additional compensation of Rs.9,400/- with 7% interest on the said sum

from the date of petition till realisation and the insurance company is

directed to deposit the amount within 60 days from the date of petition till

realisation.

M.N.KRISHNAN, JUDGE

Cdp/-