IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1697 of 2007()
1. K.PRABHAKARA KURUP, S/O UNNIKRISHNAN
... Petitioner
Vs
1. P.SOUMINI, W/O P.VELAYUDHAN,
... Respondent
2. P.K.VINOD, S/O VELAYUDHAN,
3. THE NATIONAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/10/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1697 OF 2007
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Dated this the 16th day of October, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)2559/99.
The claimant, a 53 year old headmaster sustained injuries in
a road accident and the Tribunal has awarded a
compensation of Rs.5,000/-. Dissatisfied with the amount,
the claimant has come in appeal for enhancement.
2. Heard the counsel for all. The learned Tribunal did
not accept the factum of the fracture of clavicle on the
ground that it is not mentioned in the wound certificate. It
also did not give due weight regarding the C.T.Scan taken.
So it awarded a global amount of Rs.5,000/-. Learned
counsel for the appellant had made available before me the
documents produced before the Court. It can be seen that
even at the time of admission there was a complaint
regarding the pain on the shoulder. There was a contusion
on the frontal region and the C.T.Scan revealed no trauma
M.A.C.A. NO. 1697 OF 2007
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related to intra cranial pathology. Treatment certificate
would reveal that he was treated as an inpatient in the
hospital from 1.10.99 to 5.10.99. The Tribunal itself has
stated that Ext.A5 series of medical bills will come to
Rs.1,301/-. I feel the compensation awarded is inadequate
when compared to the injury sustained and therefore I refix
the compensation as follows.
3. Towards medical expenses I grant Rs.2,000/-,
towards bystanders, extra nourishment and treatment
expenses I allow a sum of Rs.800/-, towards pain and
sufferings I award a sum of Rs.6,000/- and I award a further
sum of Rs.3,000/- towards loss of amenities and enjoyment
in life. I am not awarding any amount for actual loss of
earnings in the absence of any particulars to prove the same.
Therefore the claimant will be entitled to a total
compensation of Rs.11,800/- out of which Rs.5,000/- has
already been awarded. Thus the claimant will be entitled to
an additional compensation of Rs.6,800/-.
M.A.C.A. NO. 1697 OF 2007
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In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.6,800/- with 6% interest on the said sum from the date of
petition till realisation and the insurance company is directed
to deposit the same within a period of sixty days from the
date of receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-