IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 829 of 2008()
1. KUNHIRAMAN NAIR, S/O.RAMAN NAIR,
... Petitioner
Vs
1. KHASIM, AGE NOT KNOWN , FATHER'S NAME
... Respondent
2. KHASIM SAYED ALI ALAVI, S/O.SAIDALAVI,
3. THE NATIONAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.O.P.NANDAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/05/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 829 OF 2008
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Dated this the 23rd day of May, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ottapalam in O.P.(MV)1300/05.
Aggrieved by the quantum of compensation awarded the
claimant has came up in appeal. The total compensation
awarded is Rs.51,840/-. The claimant had sustained a
comminuted fracture of the lower fibula. He had undergone
hospitalization for 18 days initially and a medical certificate is
produced as well as a disability certificate. Even according to
the Doctor the permanent disability is only 5%. He is
working as a security and he is aged 55 years. Strictly
speaking this injury may not affect his earning power but still
taking into consideration the disability and making it as 3%
and applying a multiplier of 11 the Court has awarded the
compensation. Similarly the full medical bills had been
ordered to be reimbursed. For by-standers expenses
Rs.3,000/- is allowed, for pain and sufferings Rs.15,000/- is
M.A.C.A. 829 OF 2008
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granted and towards loss of income for three months
Rs.4,500/- is granted. On an over all analysis of the
materials available the Court below has awarded a just and
reasonable compensation and therefore I find no ground to
entertain this appeal and it is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-