IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1692 of 2007()
1. KRISHNANKUTTY, S/O KANNAN, RESIDING AT
... Petitioner
Vs
1. M.P.PEYUSH, RESIDING AT 'SINDHU NIVAS',
... Respondent
2. C.V.UNNIKRISHNAN, S/O VIJAYAN,
3. THE ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1692 OF 2007
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Dated this the 8th day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Palakkad, in OP(MV) 1038/00. The claimant
sustained injuries in a road accident at Alappuzha. The Claimant belonged
to Nelliyampathy. The documents produced would reveal that he had
sustained incised wound on the forehead, below the left eye, below and
back of left ear, right forearm and abrasions over face and hand. The
accident took place at Alappuzha and he was treated as inpatient for a day.
At his request he was discharged with a promise to continue his treatment
from a local hospital. The Tribunal awarded him a total compensation of
Rs.9,250/-. It is against that decision the claimant has come up in appeal.
2. Heard both sides. Learned counsel would contend that there is
inadequacy of compensation. It has to be stated that the Tribunal itself has
observed while granting compensation for pain and suffering that he would
not have been in a position to do any work for a period of one month. But
at the time of considering the question of actual loss of earning, it did not
grant any amount. Therefore, I feel that an amount of Rs.1,500/-has to be
awarded towards actual loss of earning. The accident took place at
Alappuzha and he was a native of Nelliyampathy, which is almost 225 Kms
MACA No. 1692/07 2
away from the place of accident. Certainly he would have travelled in a
special conveyance. F,or that the Tribunal has awarded a sum of Rs.800/-
which is inadequate. Therefore, I grant a sum of Rs.700/- more under that
head. Similarly it can be seen that antibiotics and other tablets were
prescribed at the time of discharge and he was also advised to continue
the treatment from local hospital. His wound was stitched also. So taking
into consideration all these aspects, I award Rs.500/- towards medical
expenses. Therefore the claimant will be entitled to an additional
compensation of Rs.2,700/-.
In the result, the MACA is partly allowed and the claimant is awarded
an additional compensation of Rs.2,700/- with 6% interest on the said sum
from the date of petition till realisation. The Insurance Company is directed
to deposit the amount within 60 days from the date of receipt of a copy of
this judgment.
M.N.KRISHNAN, JUDGE
vps
MACA No. 1692/07 3