IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1170 of 2008()
1. K.P.MOHAMMED, AGED 50 YEARS,
... Petitioner
Vs
1. A.M.HUSSAIN, SON OF VEERAN,
... Respondent
2. NAZIR A.M., SON OF HUSSAIN.M.,
3. ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.E.NARAYANAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/10/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A No. 1170 OF 2008
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Dated this the 28th day of October, 2008
JUDGMENT
This appeal is preferred against the award passed by the II
Addl. Motor Accident Claims Tribunal, Kozhikode, in OP(MV)
2431/99. The claimant sustained injuries in a road accident which
resulted in injuries to his patella whereby patellectomy has to be
done on 31.7.99. The Tribunal took his income at Rs.1,900/- granted
temporary loss of income for six months and awarded a total
compensation of Rs.28,700. It is against that decision, the claimant
has come up in appeal.
2. The Tribunal felt that in the absence of a disability
certificate no compensation could be given under the head of
permanent disability and awarded a very nominal amount of
Rs.3,000/- towards loss of amenities and enjoyment in life. The
claimant is an agriculturist by profession. Patellectomy was done to
him and that too at the age of 50 would have certainly caused him
disablement. Therefore, a minimum of 5% disability can be taken.
When the compensation is worked out at 5% disability the loss of
earning would come to Rs.1,140/- which when multiplied by 11 would
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come to Rs.12,540/-. Since I have granted 5% disability
compensation, I do not propose to increase the loss of amenities
further but rounded the same to Rs.13,000/- as additional
compensation.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.13,000/- with 7 %
interest on the said sum from the date of petition till realisation. 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
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