IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 610 of 2004()
1. JOHNSON, S/O. INASU, ELUVATHUNGAL HOUSE
... Petitioner
Vs
1. MANOJ KUMAR, CHATHAKUDATH HOUSE,
... Respondent
2. OUSEPH S/O. VAREED, THALIKULAM HOUSE,
3. THE UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.V.A.PRADEEP KUMAR
For Respondent :SRI.N.S.MOHAMMED USMAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/06/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 610 OF 2004
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Dated this the 16th day of June, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)250/94.
The claimant sustained a barton fracture wrist with multiple
abrasions all over the body. He was initially treated as an
inpatient in the hospital for two days. Internal fixation was
done and it was removed. The Tribunal itself has observed
that the claimant has produced medical bills for Rs.8,291/-.
The claimant produced a disability certificate for 7%. The
Tribunal did not accept it on the ground that he has not
examined the Doctor. He claimed an income of Rs.2,000/-.
But the Tribunal fixed it at Rs.1,000/-. The Tribunal should
have at least taken a notional income of Rs.1,250/-. If it is
taken, then towards loss of earning for six months there is
an addition of Rs.1,500/-. Though he had produced medical
bills for Rs.8,291/-, the Tribunal finds that he is only entitled
to Rs.6,000/-. So it needs interference. Therefore I award
M.A.C.A. 610 OF 2004
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an amount of Rs.2,300/- under that head. It is seen from
the award itself that there was an internal fixation for two
years. Though the disability certificate is not proved by
examining the Doctor it is certain that there would have been
temporary difficulties and inconvenience for him for a
considerable length of time. Therefore I enhance the
compensation for loss of amenities by Rs.2,000/-. Therefore
the claimant will be entitled to an additional compensation of
Rs.5,800/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.5,800/- with 7% interest on the said sum from the date of
petition till realisation and the insurance company is directed
to deposit the same within a period of sixty days from the
date of receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-