IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 446 of 2003()
1. K.C.JOSEPH, S/O. K.M.CHACKO, AGED 31
... Petitioner
Vs
1. M.J.GEORGE, S/O. JOSEPH, RESIDING AT
... Respondent
2. P.PHAISAL S/O. VEERANKUTTY, RESIDING
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.N.J.ANTONY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.F.A No. 446 OF 2003
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Dated this the 2nd day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Wayanad, in OP(MV) 52/95. The
appellant/ petitioner a driver by profession sustained injuries in a
road accident. The Tribunal has awarded a total compensation of
Rs.2,800/-.
2. Learned counsel for the appellant would contend that
compensation awarded by the Tribunal is inadequate considering the
nature of injuries sustained by him. The appellant has sustained a
lacerated injury on the front of parietal area of a dimension of
6x2x1cm besides contusions over arterial aspect of thigh and chest.
A perusal of the award would reveal that the appellant was treated as
inpatient for 7 days. Being a driver by profession and having
suffered injury of a lacerated nature, I hope he would not have been
in a position to do any work atleast for a period of six weeks.
Therefore I enhance the compensation under the loss of earning by
Rs.1,000/-. The Tribunal has given a very nominal compensation
MFA NO.446/03 2
under the heads of medical expenses, damages to clothing, extra
nourishment, bystanders expenses etc. I feel it is a fit case where it
has to be enhanced by Rs.1,000/-. Similarly it would have caused
excruciating pain and mental anxiety. Having sustained a very long
injury, I increase Rs.1,000/- for pain and sufferings. Therefore the
claimant will be entitled to an additional compensation of Rs.3,000/-.
In the result, the MFA is partly allowed and the claimant is
entitled to an additional compensation of Rs.3,000/- with 7 % interest
on the said sum from the date of petition till realisation from the
respondents. The Insurance company 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