IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1812 of 2009()
1. K.ASHOKAN, S/O.PERAVAKUTTY, AGED 60
... Petitioner
Vs
1. V.P.ASOKAN, AGE & FATHER'S NAME NOT
... Respondent
2. NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/10/2009
O R D E R
M.N.KRISHNAN, J.
...........................................
M.A.C.A.NO.1812 OF 2009
.............................................
Dated this the 15th day of October, 2009
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.1563/2004. The
claimant, a 55 year old Upper Division Clerk attached to
PWD department, sustained injuries in a road accident and
the Tribunal has awarded him a compensation of Rs.11,500/=.
Aggrieved by the quantum awarded, the claimant has come
up in appeal for enhancement.
2. Heard the learned counsel for the appellant as well
as the insurance company. The wound certificate made
available would show that the claimant was complaining
about the pain on the neck and therefore X-ray on the spine
was recommended and the CT scan revealed that there was
no fracture. But it revealed that there were degenerative
changes in the vertebra. He was shifted from unit to unit.
He developed neck pain and it was on account of the
degenerative changes. He had again visited the hospital on
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20.5.2004 and the document reveals that he was in the
hospital almost for 24 days. It is certain that degeneration
of the joints that too immediately after the accident cannot
be on account of the injury sustained in the accident. But a
person who is having degenerative changes would be
suspectable to rapid decay and especially being one
affecting the spine it will have real health hazards for the
reason that normal ware and tear is aggravated by a fall.
Therefore, taking into consideration all these aspects
coupled with the age of the person, I am inclined to grant
Rs.4,000/= more towards pain and sufferings and
Rs.4,000/= towards loss of amenities and enjoyment in life.
Though a mention is made about the disability certificate,
it is on account of the degenerative process which has
nothing to do with the injury sustained in the accident and
therefore, the Tribunal was justified in not relying upon the
same.
3. Therefore, the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.8,000/= with 7% interest from the date of petition till
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realisation and the respondent insurance company is
directed to deposit the said amount within a period of 60
days from the date of receipt of a copy of this judgment.
Disposed of accordingly.
M.N.KRISHNAN, JUDGE
cl
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