IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 604 of 2006(A)
1. K.KRISHNAN, S/O.LATE GOPALAN,
... Petitioner
Vs
1. ALI, S/O.KUNJUMUHAMMED,
... Respondent
2. P.C.MUHAMMED, MOONUKUNNU PURAYIL HOUSE,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.P.K.ABOOBACKER(EDAPPALLY)
For Respondent :SRI.RAJAN P.KALIYATH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 604 OF 2006
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Dated this the 17th day of September, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Wayanad in O.P.(MV)184/03. The
claimant, a 35 year old man, agriculturalist by profession,
sustained injuries in a road accident and the Tribunal has
awarded a compensation of Rs.76,300/- with 6% interest.
Dissatisfied with the same he has come in appeal.
2. I had perused the award and heard the learned
counsel for the appellant as well as the insurance company.
It can be seen that the claimant had sustained a comminuted
fracture of the right frontal bone involving frontal sinus and
fracture. He had undergone inpatient treatment in the
hospital for 21 days. He had also sustained corresponding
injuries on account of the frontal injury. The tribunal found
that he would have been prevented from doing any work for
six months and awarded a sum of Rs.9,000/- towards loss of
earnings. It had also granted reasonable compensation for
M.A.C.A. 604 OF 2006
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bystander’s expenses, extra nourishment and under other
heads. Towards pain and sufferings it awarded Rs.15,000/-.
Learned counsel would contend that the disability certificate
produced would show that he had sustained 40% visual
disability, When 40% loss of vision is taken into
consideration in the light of the schedule to the Workmen’s
Compensation Act, it will cause 10% loss of earning capacity
and precisely that has been taken into account and applying
a proper multiplier of 16, the Tribunal awarded Rs.28,800/-
under that head. Over and above these the Tribunal again
had taken into consideration further loss of earning power
and awarded a sum of Rs.15,000/- thereby giving a disability
compensation of Rs.43,800/-. So it has to be held that the
compensation awarded by the Tribunal is extremely adequate
and just as contemplated under the provisions of the M.V.
Act. Therefore the appeal lacks merit and it is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-