IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 676 of 2007()
1. K.K.SOMAN, AGED 35,
... Petitioner
Vs
1. MR.P.A.ASHARAF, AISHARYA,
... Respondent
2. MANI, PONNAMANGALAM VEETTIL,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.K.JANARDHANAN
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/12/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 676 OF 2007
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Dated this the 2nd day of December, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Ernakulam in O.P.(MV) No.1668/99. The
claimant sustained injuries in a road accident and he has been
awarded a compensation of Rs. 10,000/- by the tribunal. It is
against that decision the claimant has come up in appeal.
2. Heard the counsel for the appellant as well as the
Insurance Company. A perusal of the award would reveal that the
claimant had sustained a contusion on the left thigh, lacerations on
left ear pinna sutured, lacerations on right temporal region and left
cheek sutured. There were scars on the face and head. He had
undergone inpatient treatment for 7 days. The tribunal awarded a
total compensation of Rs. 10,000/-. I recalculate the compensation
as follows:
3. On account of various injuries including sutured wound on
the pinna and cheek, he would not have been in a position to do
any work for two months. Therefore I award Rs. 3,600/- towards
loss of earning. He was treated in Ernakulam Medical Centre which
M.A.C.A.No. 676/2007
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is a private hospital and considering the length of the treatment and
nature of injuries including medical bills, I award an amount of Rs.
4,000/-. I award Rs. 700/- towards bystanders expenses, Rs.
700/- towards nutritious food and damage to clothing, Rs. 4,000/-
towards pain and suffering and Rs. 2,000/- towards loss of
amenities and slight disfiguration by presence of scars. Thereby
claimant is awarded a compensation of Rs. 15,000/- out of which
Rs. 10,000/- had already been awarded by the tribunal. Thus the
claimant will be entitled to get an additional compensation of
Rs. 5,000/-.
In the result, the M.A.C.A is partly allowed and the claimant is
awarded an additional compensation of Rs. 5,000/- with 7.5%
interest on the said sum from the date of petition till realisation.
The 3rd respondent Insurance Company is directed to deposit the
same within 60 days from the date of receipt of copy of the
judgment.
M.N. KRISHNAN,JUDGE
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